ritu sharma (none) 07 March 2012

Denial of maternity benefits

Hi ,

I joined ICRI (www.icriindia.com) as Deputy Manager - health in Aug 2008 and worked with them as a faculty till 25 June 2010. I was expecting my child on 9th july 2010 for which I had applied for maternity leaves of 3 months , which was granted by the HR head ( Gita Borah - Delhi - 9868570736) and the Director- Health ( Dr Munindra Srivastava -Delhi - 9868547533) and Principal ICRI Bangalore Campus (Dr Pravina Koteshwar -9845053030) and HOD Bangalore Campus ( Dr S C mohanty - 9449018689)

I received salary for 1 month ( for July 2010) and then it was stopped . When I inquired, I was told that people usually don't join after maternity leaves . They have also not paid me my Medical reimbursement and LTA ( amounting to Rs 35,000, from June 2009- June 2010) which was a part of my offer letter.

Now for last 1 month I have been following up for my Experience letter but I have not received any reply in spite of writing so many mails and calls.

Kindly advice me , how to proceed .

Please advice

Ritu Sharma

9845655176

Bangalore

Reply Follow

3 Replies

Kumar Doab (FIN) 07 March 2012

Kindly clarify did you resume duty after maternity leave?

Did you inquire about reason for stopping the salary in verbal or writing and the repy was verbal or written?

Did you minute the verbal discussions?

Nothing can be stopped during maternity leave, and your line management/HR/superiors in good offices can not act by their whims and fancies or presumptions.

Look into the attachment.

Attached File : 940124774 maternity benefit act 1961.pdf downloaded: 132 times

ritu sharma (none) 07 March 2012

hi,

Thank you for the message.

Yes I did inquire and I was told ( telephonic conversation with HR head) that normally people dont join after maternity leaves , so I will be paid my benefits only after I join back .

I didnt joined back but now after working for them for 2 years they r even denying my ex letter. I am not sure what to do and where to apply..

Regards

Kumar Doab (FIN) 07 March 2012

Dues at the end of employee: To handover charge, company property, imprested cash, advance, loan, complete tasks on hand, complete exit formalities, etc

Dues at the end of employer: To issue acknowledgment of notice/resignation, acceptance of resignation, work experience/service certificate, salary slips, FNF statement, form 16, PF number/accumulation reports/withdrawal-transfer forms/attest the forms and submit ot concerned PF authorities, NDC/NOC, payment of dues, bonus, gratuity etc

Employer can sit on relieving letter which is released post all and FNF settlements. Usually there is a scope and column for comments on conduct. Employer can post good/adverse/no comments.

You have posted "I am not sure what to do and where to apply."

You may apply to good offices of appointing authority, MD, Head-HR, Company Secretary by a gentle letter thru redg/speed post and appeal to release all your dues say within next 15 days by redg post and mention that a self addressed redg post cover ( as obtained from Post office) is enclosed. You may apply your rapport, goodwill. Employees need to apply exceptional levels of persuasion, persistence, negotiation, reasoning, skills to resolve the situation in their favor. If you can resolve this shall be quickest and easiest solution.

If the good offices do not respond then we are afraid that you may have to approach a competent and experienced lawyer and show record and give all inputs in person. Your lawyer may choose to issue a legal notice or may prefer to route thru o/o Labor commissioner.

Valuable advice of learned experts/members is sought.