Dear seniors,
I require your advice and guidance on below matters on urgent basis.
Let me first introduce my self, I am 30 years woman working as executive assistance in a water purifier industry. My total experience is of 5 years in the same field and also has experience in HR of 2 years. Past 5 months my role was changed to technical coordinator where I had very few activities since I did not have any technical back ground on technical knowledge.
This role change was happened due to our previous MD was changed and present MD does not want Executive Assistance. My educational background is English honors and completed my Post graduation diploma in HR from Repute University. While asked by our present MD I told him that I am interested in HR or Admin job but he does not even pay any attention to my request then my question was why did he asked me?
At present I am pregnant and going through tremendous mental pressures for below reasons.
1. I do not have role clarity and this makes me feel insecure in the organisation of my job. I was highlighted this to Management and HR several times but no action is taken. What should I do in that case?
2. I have requested to change my role or asked him to provide me some additional responsibilities related to admin work.Which was completely denied.
3. At present I am reporting to GM – Operation who is very help full but he is even worried that may be my job is not secure because he Is not able to give me any other technical works because my limitations on technical knowledge .Shall I request him to speak to MD directly about my situation?
4. My MD also revised my appointment letter after 1 year and gave me the position of Technical –Coordinator which I did not accept.
5. At present I am afraid that if I ask for maternity leave and he will find some reason and asked me to resign.What to do can I take legal action if he asked me to resign?
6. Shall I directly speak to our new MD about my job security or any legal help can I take to protect my job till the time I find a new job? Because in this condition it is very hard to find a job and I need this job desperately.
From India, Vadodara
I require your advice and guidance on below matters on urgent basis.
Let me first introduce my self, I am 30 years woman working as executive assistance in a water purifier industry. My total experience is of 5 years in the same field and also has experience in HR of 2 years. Past 5 months my role was changed to technical coordinator where I had very few activities since I did not have any technical back ground on technical knowledge.
This role change was happened due to our previous MD was changed and present MD does not want Executive Assistance. My educational background is English honors and completed my Post graduation diploma in HR from Repute University. While asked by our present MD I told him that I am interested in HR or Admin job but he does not even pay any attention to my request then my question was why did he asked me?
At present I am pregnant and going through tremendous mental pressures for below reasons.
1. I do not have role clarity and this makes me feel insecure in the organisation of my job. I was highlighted this to Management and HR several times but no action is taken. What should I do in that case?
2. I have requested to change my role or asked him to provide me some additional responsibilities related to admin work.Which was completely denied.
3. At present I am reporting to GM – Operation who is very help full but he is even worried that may be my job is not secure because he Is not able to give me any other technical works because my limitations on technical knowledge .Shall I request him to speak to MD directly about my situation?
4. My MD also revised my appointment letter after 1 year and gave me the position of Technical –Coordinator which I did not accept.
5. At present I am afraid that if I ask for maternity leave and he will find some reason and asked me to resign.What to do can I take legal action if he asked me to resign?
6. Shall I directly speak to our new MD about my job security or any legal help can I take to protect my job till the time I find a new job? Because in this condition it is very hard to find a job and I need this job desperately.
From India, Vadodara
Without knowing about the necessity of your employment, it will not be appropriate to suggest alternatives. Anyway, from your post I can very well understand that you need to be employed in this Company at least for some more time for obvious reasons.Therefore, you may convince your kind-hearted G.M to use his good offices to talk to your M.D and persuade him to allot you any work that you can do befitting your general educational qualification.Else, get an appointment with your M.D and politely explain him your difficulties in performing a technical work with which you are not at all conversant and ask for some other work.If no positive response, wait patiently till your delivery and decide later about switching to a new job.You know well that an expectant mother should have peace of mind in all respects.So, avoid negative thinking and be optimistic.
From India, Salem
5967From India, Salem
Respected Sir,
Thank you so much for your valuable guidance.
I really appreciated your feedback which I even think reasonable enough to follow at this point of time.
Today I am processing my maternity leave application and let see how management react towards this.
But sir I have two more questions at this point of time.
1. Can management issue another appointment letter after one year of employment to the employee with the role change? In that case can employee take legal action? I know employees in our organisation whose roles and responsibility was changed but on paper management did not issue another appointment letter to them.
2. If employee does not accept the modified letter then what will be the consequence?
Requesting your valuable input on this.
From India, Vadodara
Thank you so much for your valuable guidance.
I really appreciated your feedback which I even think reasonable enough to follow at this point of time.
Today I am processing my maternity leave application and let see how management react towards this.
But sir I have two more questions at this point of time.
1. Can management issue another appointment letter after one year of employment to the employee with the role change? In that case can employee take legal action? I know employees in our organisation whose roles and responsibility was changed but on paper management did not issue another appointment letter to them.
2. If employee does not accept the modified letter then what will be the consequence?
Requesting your valuable input on this.
From India, Vadodara
In so far as initial employment of an individual in a particular organization is concerned, appointment is a subsequent process to recruitment subject to certain conditions and the acceptance of which by the appointee is indicated in his/her joining a specific post/job alloted and thus employer-employee relationship is consequently created and lasts till termination by either or both. Any other form of deployment of the individual within the same independent organization effected by the employer would not mean anything more than transfer.So the orders that contains such a subsequent change can be construed as an orders of transfer only whatever its form may be. Whether an employee willingly accepted it or not, it is not going to affect his/her continuity of service and consequential benefits arising therefrom.
From India, Salem
From India, Salem
Dear Mr. Dinesh Divekar,
Thank you sir for your feedback. I shall surely work on my English.
I belief my role wasn't change because my English but could be the next reason.They want me to leave.
Anyway, today after applying for maternity leave, HR called me and asked me to leave. The reason they have shown is that they do not find my growth in this organisation.
I have requested them to consider my condition and provide me maternity leave.
Dear Mr. Umakanthan. M,
Please guide me sir on the following:
1. Can I claim my maternity benefit? I had joined the organisation on 15.07.2014?
2. In my previous appointment letter notice period is mentioned as 2 months? In present scenario if they ask me to resign, then can I get 2 months of salary in advance?
3. In case they agree to give me maternity benefit, then when my maternity leaves will start? My due date is on 23.09.2014.
4. If I ask company to terminate me after my maternity leaves get over then what are the monetary benefits I shall get from them.
You might me thinking why am I asking so much, is just because I require maximum monitory benefit.
From India, Vadodara
Thank you sir for your feedback. I shall surely work on my English.
I belief my role wasn't change because my English but could be the next reason.They want me to leave.
Anyway, today after applying for maternity leave, HR called me and asked me to leave. The reason they have shown is that they do not find my growth in this organisation.
I have requested them to consider my condition and provide me maternity leave.
Dear Mr. Umakanthan. M,
Please guide me sir on the following:
1. Can I claim my maternity benefit? I had joined the organisation on 15.07.2014?
2. In my previous appointment letter notice period is mentioned as 2 months? In present scenario if they ask me to resign, then can I get 2 months of salary in advance?
3. In case they agree to give me maternity benefit, then when my maternity leaves will start? My due date is on 23.09.2014.
4. If I ask company to terminate me after my maternity leaves get over then what are the monetary benefits I shall get from them.
You might me thinking why am I asking so much, is just because I require maximum monitory benefit.
From India, Vadodara
Dear sir my joining date was on 15.07.2012 in this organisation. please sir help me.
From India, Vadodara
From India, Vadodara
Dear Madam,
You are entitled to maternity benefit had you actually worked for not less than 80 days in the 12 months immediately preceding the date of your expected delivery. So, do not resign now at any cost on their compulsion.
You have to issue a notice of claim for maternity benefit and payment stating the date from which you will be absent from work.But, it should not be earlier than 6 weeks from the date of the expected delivery.Since the date of your delivery is 23-09-2014, your maternity leave will start from 12-08-2014.
You will get leave salary based on the average daily wages of immediately preceding 3 months you worked for the 12 weeks of maternity leave ie., the period of absence will be treated as duty without deduction of any other leave in your credit.You will also get a medical bonus of Rs.250/= if pre-natal confinement and post-natal care is not provided for by your employer.
Since you have joined on 15-07-2012 only, your resignation within 5 years since then will not get you any terminal benefit other than cash-eqivalent of the accumulated earned leave in your credit.
If the management retrenches you, they have to pay retrenchment compensation @ 15 days average wages last-drawn for every completed year of service and one month notice pay, leave salary for leave at credit.
From India, Salem
You are entitled to maternity benefit had you actually worked for not less than 80 days in the 12 months immediately preceding the date of your expected delivery. So, do not resign now at any cost on their compulsion.
You have to issue a notice of claim for maternity benefit and payment stating the date from which you will be absent from work.But, it should not be earlier than 6 weeks from the date of the expected delivery.Since the date of your delivery is 23-09-2014, your maternity leave will start from 12-08-2014.
You will get leave salary based on the average daily wages of immediately preceding 3 months you worked for the 12 weeks of maternity leave ie., the period of absence will be treated as duty without deduction of any other leave in your credit.You will also get a medical bonus of Rs.250/= if pre-natal confinement and post-natal care is not provided for by your employer.
Since you have joined on 15-07-2012 only, your resignation within 5 years since then will not get you any terminal benefit other than cash-eqivalent of the accumulated earned leave in your credit.
If the management retrenches you, they have to pay retrenchment compensation @ 15 days average wages last-drawn for every completed year of service and one month notice pay, leave salary for leave at credit.
From India, Salem
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