Hi,
Seniors, I have a big question on my mind regarding a company playing tricks to force a lady to resign as she will be going on maternity leave for 3 months. She has been an employee of a software company for the past 2.5 years. How long will be the maximum period if she asks for maternity benefits, 3 months or more than that? What steps can she take to preserve her rights? Will any other company allow her to join their organization knowing that, after 6 months, she will be availing maternity leave?
Please answer. I will be thankful to you for this help.
From India, Mumbai
Acknowledge(0)
Amend(0)
1Seniors, I have a big question on my mind regarding a company playing tricks to force a lady to resign as she will be going on maternity leave for 3 months. She has been an employee of a software company for the past 2.5 years. How long will be the maximum period if she asks for maternity benefits, 3 months or more than that? What steps can she take to preserve her rights? Will any other company allow her to join their organization knowing that, after 6 months, she will be availing maternity leave?
Please answer. I will be thankful to you for this help.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Rashmi,
None of the company can enforce a current employee to resign from employment service while on maternity benefit (leave). Terminating an employee from employment service while on maternity benefit (leave) is void. Also, it cannot be canceled in the mid while being on maternity leave. Maximum 90 days, which shall be determined as 3 months. Granting beyond 90 days leave is up to the discretion of the company. However, even if granted, such leave days beyond 3 months will not come under maternity benefit. On maternity benefit application, the organization should address within 48 hrs. Make the application through a registered post attaching an acknowledgment card; it will be the best evidence in the future. None of the company shall employ an employee who is 6 months pregnant and will avail maternity benefit within 6 months.
From India, Chennai
Acknowledge(0)Amend(0)
None of the company can enforce a current employee to resign from employment service while on maternity benefit (leave). Terminating an employee from employment service while on maternity benefit (leave) is void. Also, it cannot be canceled in the mid while being on maternity leave. Maximum 90 days, which shall be determined as 3 months. Granting beyond 90 days leave is up to the discretion of the company. However, even if granted, such leave days beyond 3 months will not come under maternity benefit. On maternity benefit application, the organization should address within 48 hrs. Make the application through a registered post attaching an acknowledgment card; it will be the best evidence in the future. None of the company shall employ an employee who is 6 months pregnant and will avail maternity benefit within 6 months.
From India, Chennai
Acknowledge(0)Amend(0)
None of the company shall employ an employee who is 6 months pregnant, who will receive maternity benefits within 6 months.
Attribution: https://www.citehr.com/489361-can-co...#ixzz2xeJJ19dA
Dear Lawyer,
Where is this rule written?
Pon
From India, Lucknow
Acknowledge(0)Amend(0)
Attribution: https://www.citehr.com/489361-can-co...#ixzz2xeJJ19dA
Dear Lawyer,
Where is this rule written?
Pon
From India, Lucknow
Acknowledge(0)Amend(0)
First of all, let the forum know whether your friend/the lady is covered under ESI. If so, the director does not have to worry at all for Maternity Benefit because ESI will take care of the benefit. If the said lady is not covered under ESI, then also legally the employer cannot force her to resign. She can sue against the company. Regarding joining any other company and availing Maternity Benefit within 6 months, it cannot be denied if the criteria are fulfilled.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
What is the strength of the Company, do you get Salary Slip. Do you have HR Department, what is your role in the company. What is the company into, please give details so as to advise appropriately.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
Dear Pon Am extremely sorry for this point. I take it back . I stated refering a wrong document. As well thank you so much since your question alerted me a lot
From India, Chennai
Acknowledge(0)Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
Dear Rashmi,
The lady found to be recently pregnant cannot be forced to resign as she will avail maternity leave. Your organization's director may think it proactive, but it's inhuman and a capitalist atrocity. Forcing a pregnant woman creates mental agony and is legally actionable. Advise your director to have courtesy.
From India, Chennai
Acknowledge(0)Amend(0)
The lady found to be recently pregnant cannot be forced to resign as she will avail maternity leave. Your organization's director may think it proactive, but it's inhuman and a capitalist atrocity. Forcing a pregnant woman creates mental agony and is legally actionable. Advise your director to have courtesy.
From India, Chennai
Acknowledge(0)Amend(0)
Please refer to the ESI Act since you are in HR. Please read the following extracts for your reference.
APPLICABILITY
Under Section 2(12), the Act is applicable to non-seasonal factories employing 10 or more persons.
Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings, and newspaper establishments employing 20* or more persons.
Furthermore, under Section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.
*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.
The existing wage limit for coverage under the Act is Rs. 15,000/- per month (w.e.f. 01/05/2010).
AREAS COVERED
The ESI Scheme is being implemented area-wise by stages. The Scheme has already been implemented in different areas in the following States/Union Territories of the Indian Union.
STATES
All the States except Manipur, Sikkim, Arunachal Pradesh, and Mizoram.
UNION TERRITORIES
Delhi and Chandigarh
From India, Ahmadabad
Acknowledge(0)Amend(0)
APPLICABILITY
Under Section 2(12), the Act is applicable to non-seasonal factories employing 10 or more persons.
Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings, and newspaper establishments employing 20* or more persons.
Furthermore, under Section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.
*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.
The existing wage limit for coverage under the Act is Rs. 15,000/- per month (w.e.f. 01/05/2010).
AREAS COVERED
The ESI Scheme is being implemented area-wise by stages. The Scheme has already been implemented in different areas in the following States/Union Territories of the Indian Union.
STATES
All the States except Manipur, Sikkim, Arunachal Pradesh, and Mizoram.
UNION TERRITORIES
Delhi and Chandigarh
From India, Ahmadabad
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Company Profile.ppt
Company Profile Letter - Global Risk Management Services.pdf