Maternity leave and dismissal compensation - citizen of a foreign country working for the Indian Government

Dear Anonymous,
We do not know the facts of the case completely. Therefore, it would be unfair to give recommendation that poster should put up application directly to Minister of External Affairs, Ms Sushma Swaraj. Unless routine administrative procedure is followed, it would not be fair approach directly to Foreign Minister level.
India is a democratic country and rule of law and principle of natural justice are followed. In case if there are violations, then Government of India has created mechanism for redressal.
Therefore, what happens in some kingdom or where military is ruled, need not be recommended in this forum.
Thanks,
Dinesh Divekar

Dear Mr. Dinesh Divekar,
I addressed to the organization on settlement of such labour issues. We contact the Embassy, trying to follow all the procedures but there is no result. They do not want to pay even a compensation unless there is an article on this in our labour contract and they should pay. My dismissal is not fair, taking into account 4 years of committed work, appreciations of all the Ambassadors during this period of time and my promotion to the position of Senior Interpreter.
Thank you for your comments!
Best regards,
Feya

Dear Mr. Dinesh,

I have given the advise with total responsibility. As an office bearer of a NRI association, I am aware of many such cases coming up n the embassies. This brings bad name to the country, just because someone does not follow the rule of law. This so happens, because in the embassies, they do not have a HR department. All hiring is done in an ad hoc manner by the reporting boss and the firing also happens by the reporting boss. As an office bearer of the India club, I have taken up the issue with the embassy many times. But, the response was that they will look into it. Finally, when 3 cases came up where the embassy did not respond, we, the members of India club, helped them draft appropriate petitions to the minister's concerned. One was a similar case f maternity leave. The fastest response came from Ms. Shushma Swaraj. Mr. Manohar Parikkar acted with a week and Mr. Jaitley took about 15 days.

Unlike, Middle East or USA or UK, in the countries that we live, there are small sets of NRI's and the diaspora is hit very hard, when the locals ate treated badly or victimized. The local employees of embassies knock the doors of the expat associations of that country for help and support. Embassies respond to the associations. But, there are a few hot headed swags, who come through political appointment and not through proper process who behave in such a bad manner. To give you an example, the gardener and two sweepers of the Indian embassy are Indians are related to a powerful MP. They don't work, but enjoy the perks which include free education for their children in International schools. The embassy building in the country that I live is a masterpiece of art designed by the famous Charles Correa. But, it's an eyesore on the avenue that it's located because it's very badly maintained and not even swept or cleaned. We have taken it up with the embassy. But, no one has the guts to bell the cat from the embassy, lest they will be shifted to Afghanstan or Iraq or some other dangerous location. And the embassy is unable to recruit local sweepers and gardener since the manpower is filled and there is no vacancy.

So, I know what I am recommending and am dong so in all earnestness.

1. Dear Dinesh Divekar ji, I may submit that the initiator of this thread has mentioned that she was employed on contract basis. This clearly shows that she is not central government employee. As per Rule 42 of the CCS(Leave) Rules, 1972, 180 days maternity leave is admissible to female"Government servant". As per Rule 2(h) of the said Rules, these rules are not applicable in respect of persons engaged on contract basis. Therefore, the initiator of this thread, in my opinion, is entitled for maternity leave only under the Maternity Benefit Act, 1961 ( for 12 weeks as per section 5(3) of said Act ) and that too on the basis of various judgments of hon'ble Supreme Court of India. Some of judgments were earlier also discussed in some of other threads, in this citeHR, the online link of the same is mentioned as follows:

https://www.citehr.com/528640-matern...-employee.html

2. Online link of the CCS(Leave) Rules, 1972 is also mentioned as follows for kind consideration of members please:-

http://persmin.gov.in/DOPT/Employees...eave_rules.pdf

3. Further, the initiator of this thread has commented and informed that she "was sent an order of dismissal". In this connection, I may submit that the term "dismissal" is generally associated with regular employees, charge-sheets, departmental inquiries, order of the disciplinary authorities etc. Such like departmental actions are hardly resorted to against a person or employee engaged "on contract basis". As per practice followed, persons engaged on casual or contract basis are simply terminated without assigning any reasons thereof as is generally mentioned in their terms of contract and employment. I feel that there appears to be some doubt about the facts mentioned by the initiator of this thread particularly the word used "dismissed". So far as I understand there is vast difference between words "termination" and "dismissal" of an employee engaged, whether regular or engaged on contract basis.

4. I hope, Dinesh Divekar ji, seniors and experts will like to see my remarks as above and correct me if I am wrong in any aspect.

Dear all,
I was sent an order of dismissal and this is true. Before my maternity leave I was informed by the Embassy that I had a right for 3 months of paid maternity leave and the rest maternity leave is unpaid. I also was said I could join the Mission whenever it suits me. But at the end of the 3rd month I have received an order of dismissal. Furthemore according to the order of dissmissal I was dismissed as Junior Interpreter not as A Senior one. No one took my explanations,confirmed by medical certificate seriously. I was contacted by the Embassy only after my addressing to the local organization on disputes resolution. I was not paid my 3rd month of maternity leave yet. I also haven't received a one month compensation as it was indicated in my labour contract in case of termination.

The discussion reveals a shocking state of affairs. It appears that, though we, as a Nation profess to be governed by law, we are prone to reduce the concept to be an excuse than a path to right action!

Dear Mr. ANONYMOUS,
Thank you once more for all your previous comments. According to your advice we addressed to H. E. Sushma Swaraj 10 days ago. But unfortunately we have not received any reply yet. The issue remains unresolved. Will be glad if you could recommend other possible and effective ways of settling this case.
Respectfully,
Feya