Dear Friend
Good question. You will appreciate that the labour laws are made mostly favoring the working class employees and not the management.
The working days in a month is considered as 26.Hence the final calculation is made on the basis of 26 and not 30
regards
bkmohanty
From India, Bhubaneswar
21Good question. You will appreciate that the labour laws are made mostly favoring the working class employees and not the management.
The working days in a month is considered as 26.Hence the final calculation is made on the basis of 26 and not 30
regards
bkmohanty
From India, Bhubaneswar
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Hi, Thanks for the comments and i also go along with you about such practices except of few genuine cases due to medical exigencies...
The maternity leaves given are as per rules of 84 days in our Company also but we were abiding by the rules of not terminating an employee during the Maternity period so we had to wait and also she was undergoing a High risk pregnancy period so we gave her an extende leave in which she was on leave without pay and then in September we paid her Matenity benefit... She is not covered under PF in her Salary.
So i guess our decision of considering her DOJ till LWD is good.
Thanks for your guidance.
Regards,
Rucha
From India, Ahmadabad
Hi, Thanks for the comments and i also go along with you about such practices except of few genuine cases due to medical exigencies...
The maternity leaves given are as per rules of 84 days in our Company also but we were abiding by the rules of not terminating an employee during the Maternity period so we had to wait and also she was undergoing a High risk pregnancy period so we gave her an extende leave in which she was on leave without pay and then in September we paid her Matenity benefit... She is not covered under PF in her Salary.
So i guess our decision of considering her DOJ till LWD is good.
Thanks for your guidance.
Regards,
Rucha
From India, Ahmadabad
4 Sundays are there in the month and while calculating gratuity only working days are considered i.e 26 and not 30 days Dilaila
From India, Mumbai
From India, Mumbai
Dear Rucha
An HR is supposed to be fair and impartial.
Such problems arise when there is some prejudice or malevolent intent; and thus a simple issue is complicated.
An impression has been created that the pregnant female employee has taken undue benefit of the Maternity benefit Act. The intrusion of this fact coupled with the queries and doubts on Maternity Benefit Act 1961; has clouded the real issue.
Secondly; you have stated at one place that :
"She is not covered under PF in her Salary."
Under what circumstances ??
When one lets his mind occupied and clouded with extraneous factors and a hostile attitude towards employees; such issues crop up which complicate simple matters.
What is the basic issue here ?
Its about gratuity - and what should be the service period to be reckoned for payment of gratuity ??
Right ?
How is service period taken into account ??
From the date of joining to termination (or cessation) of service.
She has joined in Sep 2006 - so there is no dispute on that.
When did she leave the service ??
Is it not that it was upon her submitting her resignation ??
In that case HOW CAN her service be considered to have ended on her LWD (Last Working Day) ??
Was she not granted Maternity Leave as per the provision of the Act ???
And this leave was after her "Last Working Day".
Did not she extend her leave, subsequently ??
Does a company extend leave of NON-EMPLOYEES ??
So was not she an employee, subsequent to her Last Working Day ???
When one thinks of the answers to these question in a DIS-PASSIONATE way, i.e without any prejudice or ill-feelings; the answers will come in a flash; and there will be no confusion or ambiguity.
The date of cessation of employment is to be considered as Dec. 2012 when the employee resigned (and hopefully acceptance and follow-up done by the company).
Moreover, Since she had worked for more than 240 days in the year; it should be considered as a COMPLETED YEAR of service for thee purpose of Gratuity. (See Sec. 2 A - Continuous Service of the Payment of Gratuity Act 1972)
Its unfortunate that such Social Security enactment are not being dealt with the sensitivity they deserve, especially when its expected that there should have been no gender-bias from same-gender HR professionals. We should understand that apart from Medical complications; in these days of nuclear family; its difficult for a working mother to re-join duties and leave her infant child. Moreover, availing Maternity Benefit as ensured by the Act should not be treated as a misconduct or with any stigma; and the decision to resign should also be understood and respected.
Warm regards.
From India, Delhi
An HR is supposed to be fair and impartial.
Such problems arise when there is some prejudice or malevolent intent; and thus a simple issue is complicated.
An impression has been created that the pregnant female employee has taken undue benefit of the Maternity benefit Act. The intrusion of this fact coupled with the queries and doubts on Maternity Benefit Act 1961; has clouded the real issue.
Secondly; you have stated at one place that :
"She is not covered under PF in her Salary."
Under what circumstances ??
When one lets his mind occupied and clouded with extraneous factors and a hostile attitude towards employees; such issues crop up which complicate simple matters.
What is the basic issue here ?
Its about gratuity - and what should be the service period to be reckoned for payment of gratuity ??
Right ?
How is service period taken into account ??
From the date of joining to termination (or cessation) of service.
She has joined in Sep 2006 - so there is no dispute on that.
When did she leave the service ??
Is it not that it was upon her submitting her resignation ??
In that case HOW CAN her service be considered to have ended on her LWD (Last Working Day) ??
Was she not granted Maternity Leave as per the provision of the Act ???
And this leave was after her "Last Working Day".
Did not she extend her leave, subsequently ??
Does a company extend leave of NON-EMPLOYEES ??
So was not she an employee, subsequent to her Last Working Day ???
When one thinks of the answers to these question in a DIS-PASSIONATE way, i.e without any prejudice or ill-feelings; the answers will come in a flash; and there will be no confusion or ambiguity.
The date of cessation of employment is to be considered as Dec. 2012 when the employee resigned (and hopefully acceptance and follow-up done by the company).
Moreover, Since she had worked for more than 240 days in the year; it should be considered as a COMPLETED YEAR of service for thee purpose of Gratuity. (See Sec. 2 A - Continuous Service of the Payment of Gratuity Act 1972)
Its unfortunate that such Social Security enactment are not being dealt with the sensitivity they deserve, especially when its expected that there should have been no gender-bias from same-gender HR professionals. We should understand that apart from Medical complications; in these days of nuclear family; its difficult for a working mother to re-join duties and leave her infant child. Moreover, availing Maternity Benefit as ensured by the Act should not be treated as a misconduct or with any stigma; and the decision to resign should also be understood and respected.
Warm regards.
From India, Delhi
Hi Rucha,
If she had a high rish pregnancy, sure she was asked to be resting, right.
As said earlier, let us consider every case seperately. Sure there are other cases otherwise, but let us check on this case.
A lady who is pregnant and has a high risk pregnancy is not able to handle herself as in that case she is on medication and she is also weaker compared to other pregnant women. One wouldn't know why was the pregnancy risky.
Though I want to still know if we can try to reduce the resignation after maternity for different reasons, In her case I would suggest the foll.
You being the HR, ask the lady to submit her gynact's certificate that states her condition and ask your management to give her case a due consideration.
Also please note that when a lady has a high risk pregnancy, she also has a weaker baby. (Different medications during pregnancy has its own side effects on the new born. Saying so coz I've closely seen a high risked pregnancy in a family and to the date both mother and child are having some or other side effect.)
Take this case separetly
Another thing is tasks of HR can never be black and white. It would always be in gray. Not because we wish to favor someone over other but because we have to give considerations to emotions and feelings of every individual.
Though we ought to follow rules and regulations, but it is also our duty to see to it that our colleagues are satisfied and happy with the negotiations they've had.
From India, Mumbai
If she had a high rish pregnancy, sure she was asked to be resting, right.
As said earlier, let us consider every case seperately. Sure there are other cases otherwise, but let us check on this case.
A lady who is pregnant and has a high risk pregnancy is not able to handle herself as in that case she is on medication and she is also weaker compared to other pregnant women. One wouldn't know why was the pregnancy risky.
Though I want to still know if we can try to reduce the resignation after maternity for different reasons, In her case I would suggest the foll.
You being the HR, ask the lady to submit her gynact's certificate that states her condition and ask your management to give her case a due consideration.
Also please note that when a lady has a high risk pregnancy, she also has a weaker baby. (Different medications during pregnancy has its own side effects on the new born. Saying so coz I've closely seen a high risked pregnancy in a family and to the date both mother and child are having some or other side effect.)
Take this case separetly
Another thing is tasks of HR can never be black and white. It would always be in gray. Not because we wish to favor someone over other but because we have to give considerations to emotions and feelings of every individual.
Though we ought to follow rules and regulations, but it is also our duty to see to it that our colleagues are satisfied and happy with the negotiations they've had.
From India, Mumbai
Hi,
Why are we considering a simple query as social security issues and male female issues, etc....
The solution could be written with logics and in simple ways than putting it in a debatable manner...
The things have come to place as we have considered the following:
Her Gratuity is considered from DOJ to the LWD+ the number of days we paid her for the maternity benefits, Coz Maternity benefit paid is actually showing that she was on rolls, so we calculated it along with till the last working day. Also by considering all she is not completing minimum requirement of 240 working days in the last year.
And about PF, we follow cafeteria approachand thus have the optional PF structure in which she have not opt for PF (her basic salary is exceeding Rs.6500/- pm).
Thanks for the sharing.
Regards,
Rucha
From India, Ahmadabad
Why are we considering a simple query as social security issues and male female issues, etc....
The solution could be written with logics and in simple ways than putting it in a debatable manner...
The things have come to place as we have considered the following:
Her Gratuity is considered from DOJ to the LWD+ the number of days we paid her for the maternity benefits, Coz Maternity benefit paid is actually showing that she was on rolls, so we calculated it along with till the last working day. Also by considering all she is not completing minimum requirement of 240 working days in the last year.
And about PF, we follow cafeteria approachand thus have the optional PF structure in which she have not opt for PF (her basic salary is exceeding Rs.6500/- pm).
Thanks for the sharing.
Regards,
Rucha
From India, Ahmadabad
Hi,
We have already taken the Madical letter from her doc stating that its a HRP and she needs rest. Also she herself stated that she will not be able to come now on as she has to take care of the baby. so we inititated the following:
Her Gratuity is considered from DOJ to the LWD+ the number of days we paid her for the maternity benefits coz Maternity benefit paid is actually showing that she was on rolls, so we calculated it along with till the last working day. Also by considering all she is not completing minimum requirement of 240 working days in the last year. Her Full & final and issuance of letters etc are finished. I think we did it in a proper n healthy way landing in a win win situation.
Thanks for you guidance.
Regards,
Rucha.
From India, Ahmadabad
We have already taken the Madical letter from her doc stating that its a HRP and she needs rest. Also she herself stated that she will not be able to come now on as she has to take care of the baby. so we inititated the following:
Her Gratuity is considered from DOJ to the LWD+ the number of days we paid her for the maternity benefits coz Maternity benefit paid is actually showing that she was on rolls, so we calculated it along with till the last working day. Also by considering all she is not completing minimum requirement of 240 working days in the last year. Her Full & final and issuance of letters etc are finished. I think we did it in a proper n healthy way landing in a win win situation.
Thanks for you guidance.
Regards,
Rucha.
From India, Ahmadabad
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf