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Author Topic: Maternity benefits  (Read 813 times)

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Offline Sapna999

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Maternity benefits
« on: March 14, 2016, 03:16:02 AM »
Hi
I was terminated during my 6th month of pregnancy and was denied my maternity pay of 3 months too. I sent a legal notice to them and approached labor inspectors. After almost a year both me and employers were called for settlement. They are agreeing to pay me 65% of my claim amount so that it doesn't go through court litigation. I'm losing about 1.5 lakhs if i accept the 65%, my lawyer is advising me to take it as the litigation is hectic expensive and takes long. What do i do. Accept and close or file n go through litigation. My son is now 1 year old.

Offline rajgopal sripathi

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Re: Maternity benefits
« Reply #1 on: March 14, 2016, 10:58:02 AM »
HI
As per law you are not liable to be terminated when you are nearly 6 months pregnant.
i think you should file a case in court as you will get your full money and also the damages in lieu of mental stress and tension
Rajgopal Sripathi
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Offline Sapna999

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Re: Maternity benefits
« Reply #2 on: March 15, 2016, 02:15:48 AM »
Hi
Thanks for your reply. I am only thinking about the litigation process as i have a 1 year old at home. Is it going to take lonh and be expensive?

Offline rajgopal sripathi

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Re: Maternity benefits
« Reply #3 on: March 15, 2016, 07:15:55 AM »
Hi
It will not take long(max of six months).
you will need to attend court only for 4 days(once at admission, once during evidence , once during cross examination and once at the time of decree) . each visit will be for not more than 3/4 hours. per visit.
Rajgopal Sripathi
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Offline Sapna999

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Re: Maternity benefits
« Reply #4 on: March 15, 2016, 10:31:19 AM »
Thank you for the reply. Really appreciate. But my lawyer is saying litigation is painful and talking about not filing in coury and settle it for 75% claim they are offering.

Offline rajgopal sripathi

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Re: Maternity benefits
« Reply #5 on: March 15, 2016, 09:21:01 PM »
Hi
I will leave the decision to you as it is only you who has to decide whether to settle with 75% or settle with 100% plus penalties.
at the end of the day, we advocates need to abide by client's wishes.
Best of luck
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline lexcare

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Re: Maternity benefits
« Reply #6 on: June 22, 2016, 02:25:55 AM »
I think you should file a case in court.

Offline riteshmaity

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Re: Maternity benefits
« Reply #7 on: June 27, 2016, 09:26:49 AM »
Termination is illegal during maternity period. Your employer has already realised that and that is why they are ready to settle it out of court.

Primarily, you claim should be reinstatement and backwages from the date of termination till you are reinstated.

Are they going to be reinstated or you are planning to go for full and final settlement. How have you calculated your settlement money.

Assuming that you are not interested/ unable to join the company now and only happy with the full and final settlement, think I think you can accept the 65% money or try to increase it if possible.

Litigation is time consuming (a case of termination runs for 3 years on an average in Kolkata) as well as expensive.

However, the ultimate decision is yours.

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Offline Sebastian

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Re: Maternity benefits
« Reply #8 on: August 08, 2016, 01:54:59 AM »
You must discuss this case with your lawyer.

 

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