Hello HR Skippers, Please find attached a very interesting article on Legal Clarification on Absconding & Contract Labour.
From India, Mumbai
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540From India, Mumbai
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Hi All,
In our company, a female employee asked for 1 month leave on medical grounds in March 2018 and went on leave without approval. In April, she requested an 8-9 month leave, citing that she was in the process of motherhood. However, she did not provide any medical documentation confirming her pregnancy.
From the HR side, 2-3 replies were sent to her email by June 2018, stating that a private sector company cannot allow such a long leave and HR requested her to resign. She argued that after working for 10 years, she deserved that much leave, but she did not submit any maternity or medical certificates, and HR did not send any formal notice.
In December 2018, she finally shared a document confirming the birth of her baby and requested maternity benefits. However, according to the company, since she is not working, she is not eligible for the benefits.
Kindly suggest how the company can deny payment or address this situation, as financial matters are crucial under new maternity rules.
From India
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In our company, a female employee asked for 1 month leave on medical grounds in March 2018 and went on leave without approval. In April, she requested an 8-9 month leave, citing that she was in the process of motherhood. However, she did not provide any medical documentation confirming her pregnancy.
From the HR side, 2-3 replies were sent to her email by June 2018, stating that a private sector company cannot allow such a long leave and HR requested her to resign. She argued that after working for 10 years, she deserved that much leave, but she did not submit any maternity or medical certificates, and HR did not send any formal notice.
In December 2018, she finally shared a document confirming the birth of her baby and requested maternity benefits. However, according to the company, since she is not working, she is not eligible for the benefits.
Kindly suggest how the company can deny payment or address this situation, as financial matters are crucial under new maternity rules.
From India
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A pregnant employee has maternity protection if she has been at her job for at least 3 months. This means that if a pregnant employee is dismissed without sufficient cause or is retrenched, the employer is still required to pay her maternity benefits. Female employees, in rare cases, share a history of being pregnant. If she takes leave without approval, her paid leave will be deducted, and only a minimal amount of leave is given for a maternity cause in the private sector. This is because the employee's actions reflect the goodwill of the organization. She will be eligible to file a case for termination or non-provision of maternity benefits. [URL: https://paycheck.in/labour-law-india/maternity-and-work]. I hope this resolves your query.
From India, Mumbai
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From India, Mumbai
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I was working in a company as a legal advisor. The work culture of the company was not good. Some directors of the company used to treat employees based on their favor and disfavor instead of work performance. I suffered work depression due to their rude behavior. Consequently, I took uninformed leave. After 7 days, I received a warning letter. In that warning letter, they mentioned to come and find a solution to my issue. However, when I attended the meeting, they presented me with an exit form and imposed a penalty amount in the Full and Final (FnF) statement. I refused, but they proceeded to mail it to me. What should I do?
From India, Pune
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From India, Pune
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf