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Author Topic: Termination after maternity leave  (Read 53 times)

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Offline greatdeepika28

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Termination after maternity leave
« on: September 01, 2018, 07:42:30 AM »
Hi Expert Lawyers,

Need your expert guidance for my matter. First Let me brief about my case.

a.   My Wife started working in a company of Gujarat since Nov-2015 but her working location was Faridabad, Haryana. Her work is mainly submitting online tenders and handling the queries from the client on mail & phone. Since all the work was online so proprietor of the company told her to work from home and gave her laptop, printer etc as this will save their operational cost.
b.   My wife appointment letter say that she was appointed as ďCommercial Manager on retainer ship basis. Apart from salary, you will be paid all necessary statutory charges as per govt rules (i.e. PF, medical insurance). Your Consultancy period shall be for a period beginning from Nov-2015 to Nov-2016 which can be extended further or terminated earlier with one month notice on either side. Your present place of work will be M/S (org name), Faridabad, Haryana, IndiaĒ. We have hard copy of this appointment letter signed by proprietor and on company letter head
c.   After this she worked for the company for 3 years till July-2018 and received salary regularly till Jan-18 but No P.F submitted to Govt neither deducted from her salary.
d.   On 23-Feb-2018, she went for maternity leave and didnít received salary of Feb month. After several calls, Proprietor say that because she was on leave, so they didnít get business and they will provide the salary till March end. After this salary is provided in mid of April for Feb Month.
e.   When we asked for march salary then he told that once you will join then we will provide the salary. So, with no option my wife joined early of her maternity leave on 1-May-2018 i.e. within 2 months of delivery so that she will get the regular salary as now we have more expense after having baby.
f.   On joining when my wife called and asked for Mar, April salary and remind them that her increment is also pending. On this Proprietor told that she was contract employee (salary paid as consultancy charges) and will not get maternity salary. But they gave Rs. 2000 extra in May salary as increment but without any written communication. Still she didnít received Mar, Apr salary.
g.   After this 15-20 days were fine but later 1 another person was appointed as Boss on her. After this behavior of the proprietor and Boss got changed and behaving with her very rudely. Now they put up more burden of work on my wife like searching of new tenders, daily, weekly report etc and yelling & brining small-small issues on mails. It is just like she was getting mentally harassed for the work.
h.   On 3-July-2018, when she was not able to handle the situation as she need to take care of baby and family. On one of the mail where her Boss wrote that she was not committed to the work and we need to search other options. She replied in a professional way that she is not agree with their points of commitment. On this mail they relieved her immediately from job without 1 month notice and replied that her F&F is initiated and will get cleared soon.
i.   After this we noticed that we didnít have appointment letter till date as initial letter was for 1 year i.e. till Nov-2016. So, my wife told them to provide appointment, experience letter and F&F salary and then she will give all the assets like laptop, printer and Digital key. On this they provided appointment letter on mail (not hard copy) on lieu of digital key as that is very much required for their business and told that you will get the salary soon.
j.   Till then we didnít get salary for March, April, June and July (considering July as Notice period) plus some extra expense happened during work.
k.   Currently we have companyís laptop and Printer with us as the person who needs to take handover these didnít came to collect as he knows that salary was not given to us.

Now experts I need your legal advice on below points along with section and references to proceed further.

1.   Is the appointment letter received on mail from Proprietor (last 2 year) is valid as we didnít have hard-copy?
2.   Is she eligible for salary of 2 months of maternity leave which she didnít worked i.e. March, April? As she was considering herself as regular employee (as per point no. b above) but employer said that she is contractual employee?
3.   If considered as permanent employee, Is she eligible to get 6 month salary as Govt rule is of 6 month maternity leave?
4.   Is she eligible for 1 month notice period salary of July? As she was relieved immediately without 1-month notice mentioned in her letter.
5.   Presently, she was the only employee in Faridabad and the organization is in Gujarat. So, the case will need to be present in Faridabad (Haryana) or Gujarat Labor court?
6.   In case it will be presented in Gujarat labor court then can we transferred this to Faridabad (Haryana) giving her condition of recently becoming mother and cannot travel?
7.   What will be the procedure in case we need to file a court case?

Thanks in advance for your support

Offline kalaskarkk

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Re: Termination after maternity leave
« Reply #1 on: September 01, 2018, 11:00:55 PM »
Dear sir,
I understood the situation and your concern  for your wife and health. My answers are as  follows:

1.   Is the appointment letter received on mail from Proprietor (last 2 year) is valid as we didnít have hard-copy?
Ans: Yes it is valid appointment letter.

2.   Is she eligible for salary of 2 months of maternity leave which she didnít worked i.e. March, April? As she was considering herself as regular employee (as per point no. b above) but employer said that she is contractual employee?

Ans: You can claim if refused, the Labor Court or labor commissioner will decide.

3.   If considered as permanent employee, Is she eligible to get 6 month salary as Govt rule is of 6 month maternity leave?

Ans: Yes, first the issue must be decided by the above authorities.

4.   Is she eligible for 1 month notice period salary of July? As she was relieved immediately without 1-month notice mentioned in her letter.

Ans: They are liable to pay salary for one month that is of notice period.
5.   Presently, she was the only employee in Faridabad and the organization is in Gujarat. So, the case will need to be present in Faridabad (Haryana) or Gujarat Labor court?

Ans: In Faridabad Labor Court only as the employer is maintaining his branch office in Faridabad.

6.   In case it will be presented in Gujarat labor court then can we transferred this to Faridabad (Haryana) giving her condition of recently becoming mother and cannot travel?

Ans: Not necessary.

7.   What will be the procedure in case we need to file a court case?
Ans: Please approach any local advocate well versed with labor cases. You cannot handle this case in person.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, ďDisleyĒ  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Termination after maternity leave
« Reply #1 on: September 01, 2018, 11:00:55 PM »

 

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