• Insurance agent cancellation of your agency appointment

Dear Respected Sir / Madam,

My name is Anjali Jain and I am working as agent in SBI Life Insurance since 2014 and my agent code is SLI990499728 at Pitampura new Delhi branch and I had done good business in 2014 , 2015 and 2016 for SBI Life Insurance . But My agency code get suspended by SBI Life Insurance without any reason and prior information .

I has give birth baby boy last month through cesarean operation and during my pregnancy I had pass out very critical conditions . and I also inform to my branch manager and senior manager of SBI Life about my pregnancy but regularly they making me pressure for new business even they know that I am not able to travel . 

As due to my pregnancy I didn’t able to do new business in 2017 but my branch manager regularly forcing me for new business and threat me if I didn’t do new business my agency will be get suspended and terminated . 

Suddenly at 24-aug-2017 I have received suspension letter from SBI Life insurance of my agency after that I call to my manager and senior manager but they didn’t reply me .

Now I have receiving mail of enquiry office of SBI Life Insurance and they saying that I have to came office for investigation of my case when I ask to them about my case which kind of case is it ,what is my fault or mistake but he is not agree to provide me details . I inform to them that my baby is just 1 month old and doctor advise me not go to outside but still they making pressure for came to their regional office . 

Please help me in this case because they suspended my code and stop my renewal commission which is the only earning source for me at such a crucial time . I am not a salary person and work for SBI in commission bases . I am ready for all the investigation because done my work honesty and hard work but at present time I am not able to go office . so please re-instate my agency and release my renewal commission because it is result of my hard work and only earning source . 

Please look at this once.


Thanks & Regards
Anjali Jain
Asked 6 years ago in Business Law

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10 Answers

During pregnancy and soon after the birth if the child you are entitled to maternity leave for six month and your employer is bound to provide the same.

So your employer is at fault on this apart form being harsh in terminating your job.

So raise a lalut dispute and lodge complaint with your local Labour Commissioner.

It is an industrial dispute and the termination is without an basis of law.

Once the labour proceeding will initiate to adjudicate this dispute.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

1) issue legal notice to SBI insurance to pay your renewal commission and to communicate in writing reasons for suspension of your agency

2) mention reasons why you could not give new business . 3

3) enclose copy of your medical certificate wherein doctor has advised you complete bed rest

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Client,

Avoid calls from the SBI, as they are not legally bound on u, In a simple straight reply to them say - U r under one month post delivery and such mails are not less than harassment. Straight away, reject their demand and mail them to send u all documents. CC - to corporate office, Higher authority. Still they torturing u, send them legal notice.

If u r good at ur job, than there are lot companies who may avail ur services.

Even a working women is entitle to 26 weeks maternity leave, and on this basis also, ur agency renewal cant be denied.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You should move a complaint before the IRDA as well as before the National Commission for Women. This act of the SBI Life Insurance company is illegal contrary to the fundamental rights enshrined in our constitution. According to article 14/15/21of the Indian Constitution even a private company is bound to respect the dignity of a woman. In the Airport Authority case the Supreme Court has held that a company can not bound its employee to work during her pregnancy. Begetting a child is a fundamental right of women and it is directly connected with dignity of the women. You should move such complaint and you will definitely get proper remedy from the IRDA and the National Commission for Women

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Unless and until you are not informed in writing, by means of a notice or otherwise, you need not visit them or see them in-person.

As regards to suspension/cancellation of your agency, the relevant clauses of your agency agreement will have to be perused.

Please reproduce the relevant clauses of the said agreement on this portal so that a concrete advice be given to you.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hello,

Issue them a legal notice in order to get your renewal commission. Also please tell us the terms of the contract through which you you were appointed as an agency. Also tell us what were the terms of the termination.

With regards to the inquiry for which they are calling you, write to them that you are not in a condition to come because of medical prescription.

Also if they have cancelled your agency license against the terms of the contract then you may file a case against them for the enforcement of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hi Anjali, you should serve the company a legal notice , for the illegal termination and for asking the compensation.. If they do not comply with the notice , it is advisable to approach the labour court , seeking compensation and your pending dues

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. Due to medical grounds, you have right to postpone the meeting with investigation officer. But, intimate them.

2. Issue legal notice asking for clarification on the investigation.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. You can challenge the suspension order in the High Court through a writ petition.

2. The bank should have adopted a more humane approach by taking into account your constraints.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you feel aggrieved over the decision of the Insurance company terminating your services, you may issue a legal notice demanding the reasons for the same.

The rules for renewal commission is to be ascertained before taking any legal action on this especially about the qualification for renewal commision and the business thereon.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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