I have joined a startup company on 1st Oct 2019. As soon as I got to know about my pregnancy, I have informed the corporate HR. There is no such maternity leave policy in my company and now they have asked me to resign and rejoin after 6-7 months. I am into my final trimester now and the due date is mid-April
What should i do? Shall I go for resignation or seek compensation against resignation? Please suggest.
From India, Delhi
What should i do? Shall I go for resignation or seek compensation against resignation? Please suggest.
From India, Delhi
Rajni,
Maternity Benefit Act 1961 applies, in the first instance, to every factory and, secondly to shop/commercial establishment employing 10 employees. Therefore, if the Act applies to your employer, you are entitled to the maternity benefit .
It is provided in the Act itself that the employer cannot terminate services of any employee during her pregnancy. Therefore, you should not resign. If the employer does not provide you benefit or otherwise terminates your service, you can challenge that.
If you are a "workman" under the I.D. Act 1947, then your case would lie to the Labour Court. If not, to the Civil Court.
- S.K. Mittal
9319956443
From India, Faridabad
50Maternity Benefit Act 1961 applies, in the first instance, to every factory and, secondly to shop/commercial establishment employing 10 employees. Therefore, if the Act applies to your employer, you are entitled to the maternity benefit .
It is provided in the Act itself that the employer cannot terminate services of any employee during her pregnancy. Therefore, you should not resign. If the employer does not provide you benefit or otherwise terminates your service, you can challenge that.
If you are a "workman" under the I.D. Act 1947, then your case would lie to the Labour Court. If not, to the Civil Court.
- S.K. Mittal
9319956443
From India, Faridabad
Hello Rajni,
If your company has more than 10 employees i.e on their payroll, then maternity benefit is mandatory for them to include.
The best advice to you is, not to resign and keep a record of all the conversations you have with your employer and challenge them legally, because they will surely not accept your concerns politely if they have asked you to resign.
Keeping another factor in mind (although not advised), that everyone is not comfortable dealing with legal conditions, you can go for a strict and confident discussion and claim your entire compensation i.e the salary of your notice and all other dues plus the full salary applicable under maternity benefit act.
Whatever you decide, don't forget to keep records ready in your hand.
From India, Noida
If your company has more than 10 employees i.e on their payroll, then maternity benefit is mandatory for them to include.
The best advice to you is, not to resign and keep a record of all the conversations you have with your employer and challenge them legally, because they will surely not accept your concerns politely if they have asked you to resign.
Keeping another factor in mind (although not advised), that everyone is not comfortable dealing with legal conditions, you can go for a strict and confident discussion and claim your entire compensation i.e the salary of your notice and all other dues plus the full salary applicable under maternity benefit act.
Whatever you decide, don't forget to keep records ready in your hand.
From India, Noida
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