anindita 22 March 2018
Kamlesh Dayma (Advocate) 22 March 2018
You should not accept this as your termination. You should serve legal notice to the Company for telephonically saying you terminate you despite of your approval of maternity leave. In the legal notice you mentioned you have been approved for maternity leave by the MD of the Company. In case for your illegal termination, you will take civil or criminal action against them.
anindita 22 March 2018
Kumar Doab (FIN) 22 March 2018
If you wish you may attach the emails sent by you and reply by company.
You may erase the names/logo/address/phone numbers/emails id’s etc to maintain confidentiality…
Or approach your own very able senior LOCAL counsel of unshakable repute and integrity and specializing in Labor/Service matters….and worth his/her salt.. for a considered opinion and guidance…
Kumar Doab (FIN) 22 March 2018
There are many threads on Maternity Benefits from various perspectives and you may pick up relevant points from similar queries discussed at LCI in many threads…e.g;
https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN
https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM
https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM
https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM
https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO
https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX
https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU
https://www.lawyersclubindia.com/forum/Resignation-while-on-ml-149838.asp
https://www.lawyersclubindia.com/experts/Resignation-while-on-ml-641316.asp
https://www.lawyersclubindia.com/forum/Maternity-benefit-act-during-probation-period-97413.asp
https://www.lawyersclubindia.com/forum/Maternity-leave-during-probationary-period-76574.asp
Kumar Doab (FIN) 22 March 2018
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points..
This shall help to provide inputs to you.
Kumar Doab (FIN) 22 March 2018
Maternity Benefit: During Maternity Benefit period termination is illegal…
Rate of Maternity Benefit is described in the Maternity Benefit Act…
The employer could have supplied the requisite forms if any for Maternity benefits..Or pregnant woman employee may submit the DR Rx and pregnancy delivery record to claim benefits…
Maternity Benefit is to be paid even if you are terminated…
The termination is affected after issuing SCN, domestic inquiry…
In your case your emails and reply by company may very well place of record that you are not at fault…
Maintain that you had informed and did not abscond…
The company might claim you absented/abstained/absconded…if not in writing to you then before Labor office Authority/Inspector appointed under the Maternity Benefit and by appropriate govt as in your case/ court of law…
Kumar Doab (FIN) 22 March 2018
Gratuity: Which Gratuity Rules applies to establishment? Mention the details, link to such rules..
If the Payment of Gratuity Act applies to establishment then you must be eligible..GO thru Gratuity Rules applicable to establishment, rules in state, and Act
e.g;
Payment of Gratuity Act 1972; 1,2A…
https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf
THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972
https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf
The Payment of Gratuity (Maharashtra) Rules, 1972
Kumar Doab (FIN) 22 March 2018
Termination; Verbal termination has been documented by you as per your query by emails…
You have not been sitting idle…
You may calculate on your won what is due to you e.g;
Maternity Benefits as per rates in Act or as per policy of company whichever is providing superior benefits …
Gratuity; as per rules/Act whichever is whichever is providing superior benefits …
As per Payment of Gratuity Act;
Gratuity= { ( Basic+DA)/26*15*No. of years in service}
Basic +DA is as per last drawn wages…
No of years in your case (5.5Y) may be taken as 5Y for calculation of Gratuity…
Leave encashment; as per rules/Act whichever is whichever is providing superior benefits …e.g; Shops & Estbs Act…
Retrenchment Compensation; If you are covered by ID Act…\
Bonus; as per rules/Act whichever is whichever is providing superior benefits
Etc etc
And check if these provide you more than 2M salary as indicated by company…
IT is your call to contest verbal termination and accept what is indicated or get as per your rights..
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