paddypaddy (SERVICE) 29 June 2009

Maternity Benefit during discontinuance of service

Respected Learned Lawyers and friends,

Pls let me know labour laws for pregnant women's maternity benfit.

Case:

My wife is working since the last 1 and half years in one of the MNC based in Mumbai, her services are confirmed. Recently her company has planned to shift operations out of Mumbai down in south. She is ready for relocation, but not given opportunity and instead the company has given her the settlement chq, but my wife has not signed any papers not has she accepted the cheque (chq for current month salary + 1 mth basic salary + casual leave encashment).

My query:

1) my wife is 5 months pregnant, should she get her maternity leave (3 months leave with pay during during and after delivery).

2) what if the company say no to her maternity leave pay?

3) where should we approach for indtl and labour court in mumbai?

4) Does she need to give notice reg her pregnancy to her company HR? She has already informed her immediate supervisors verbally and sent email on Friday 26 June at 9.30pm and we got a reply from HR at 9.35pm reg her discontinuation of services w.e.f :- Jun 26 2009.

5) Can she be removed/laid off from the copmany during her pregnancy (5 months)? In this scenario is she still eligible for maternity pay benefit?

6) If the company sends chq & other docs thru courier what to do since we have not accepted the chq and other docs given to her in person? Can we accept the money but still fight for our maternity pay.

Request sincere answers as early as possible

Regards/Paddy

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2 Replies

paddypaddy (SERVICE) 29 June 2009

Adding to the above comments:

NOTHING IS MENTIONED IN HER COMPANY HR POLICY REGARDING MATERNITY BENEFIT, CAN THIS DEPRIVE HER OF MATERNITY BENEFIT

REGARDS/PADDY

Adv S Niwas (service) 01 July 2009

Kindly note the answers below to all your queries:

1) my wife is 5 months pregnant, should she get her maternity leave (3 months leave with pay during during and after delivery) - YES

2) what if the company say no to her maternity leave pay? - IT IS ILLEGAL AND UNLAWFUL FOR THE EMPLOYER TO SAY NO, CAN BE PENALIZED

3) where should we approach for indtl and labour court in mumbai? -

CGIT-cum-Labour Court No.1,
Ist Floor, Shram Raksha Bhavan,
Opp. Priya Darshini,
Eastern express High way, Sion,
Mumbai -400022.

SHE ONLY NEED TO COMMUNICATE 3 MTHS IN ADVANCE REG HER LEAVE TO HR, NOT INFORMING REG LEAVE TOO CANNOT DEPRIVE HER OF HER MAT BENEFITS. IT IS UNLAWFUL AND ILLEGAL TO DISMISS ANYONE DURING PREGNANCY, THE EMPLOYER CAN BE PENALIZED FOR 1 YR IMPRISONMENT AND ALSO THE EMPLOYEE CAN CLAIM MENTAL HARRASMENT CHGS FOR MENTAL STRAIN WHEN APPROACHED THE LABOUR COURT APART FROM LITIGATION CHGS.

5) Can she be removed/laid off from the copmany during her pregnancy (5 months)? In this scenario is she still eligible for maternity pay benefit? IT IS UNLAWFUL TO DISMISS HER, EVEN IF SHE IS DISMISSED, SHE IS ELIGIBLE FOR MAT. BENEIFT.

YOU CAN ACCEPT THE CHQ BUT ASK FROM THE EMPLOYER IN WRITING THAT SHE IS NOT ELIGIBLE FOR MAT. BENEFIT. YOU CAN ALSO SEND A LETTER TO YOUR EMPLOYER BY EMAIL AND REGTD A.D. THAT WHY HV YOU BEEN DEPRIVED THE MATERNITY BENEFIT.

NOTHING IS MENTIONED IN HER COMPANY HR POLICY REGARDING MATERNITY BENEFIT, CAN THIS DEPRIVE HER OF MATERNITY BENEFIT

NOTHING MENTIONED DOES NOT MEAN THAT THE LAW OF LAND IS NOT APPLICABLE TO THE COMPANY IRRESPECTIVE WHETHER INCLUDED OR NOT THE LAW OF MATERNITY BEENFIT IS APPLICABLE TO ALL, BRING IT TO THE NOTICE OF THE LBOUR COIURT/INSPECTORS AND THEN THE ENMPLOYER WILL FACE CONSEQUENCES.