File complain to labor commissioner.
Hassles in the organization in pregnancy
Hi my name is Manish Kumar, my wife is working with eye hospital called eye7 chudhary eye centre in New Delhi area, she is associated with the hospital from last 10yrs , recently this year she got pregnant and now she is 4.5 month pregnant, she informed organization about her pregnancy on initial stage only, but now organisation is making hassles for her, shuffling her work area from one place to another place knowing the fact that she is pregnant, organisation hold the her this month salary without informing her prior and without any appropriate reason, when she got to know on 16 of this month that her salary is on hold, she went HR and asked she said don't know, she asked from her reporting manager he said don't know, so I think organisation is harassing her mentally not releasing her salary, kindly help us and advise us what sort of action we can take in this situation and shell we go legal and file the mentally harassing and torture case against the organization. Please help us
Asked 7 years ago in Labour
13 Answers
Employer can not so, employers have to give gratuity also. No employer can hold salary on the basis of pregnancy. Contact at adv.jaswantsinghkatariya at gmail.com, Gurugram for more information.
Dear,
You should go for legal proceedings and filed a case against organisation about your wife's
1 month salary and mentally and physically torture faced by your wife in Labour court.
your wife should send email reminders for release of her salary
2) during her pregnancy she is entitled to take 6 months leave
3) the provisions of maternity benfit act is is applicable to factories, mines, the circus industry, plantations and shops and establishments employing at least 10 employees (“Covered Establishments”)
4) she can issue legal notice to employer to pay her salary dues
This is my advise to you:
1. Write a formal letter to HR to release the salary and wait for them to reply;
2. If they don't reply, then send the HR and the employer a legal notice;
3. If they still don't release the salary dues then file a suit for recover;
4. As per the Maternity Benefit Act, more specifically under section 5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day;
5. As per the section 13. No deduction of wages in certain cases. -- No deduction from the normal and usual
daily wages of a woman entitled to maternity benefit under the provisions of this Act ;
6. If the problem still persists then you can file a complaint to the inspector appointed under the Act.
Sir write to HR and CC to top management of company a mail or letter to release the salary of your wife. If still they do not release serve them.a legal notice to release salary on there failure file a complaint before the labour commissioner.
Also she is entitled to maternity benifit ofn6 months paid leave under the maternity benifit act also seek from.employeer same.
Hello,
File a case of harassment against the organization.
Also a case in the labor court can be filed for the recovery of the salary.
Best action at this stage I think will be to talk to the administration and resolve the dispute mutually.
Regards
1) First talk to head of the department, why salary is kept on hold any specific reason.
2) You can go with politely and send on line letter via email to reporting manager and keeping cc HR, and head of the department. Do first all letter communication method.
3) If still they don't reply positively you can send them legal notice for mental harassment.
First of all let she exhaust the remedy by representing in writing to the top management about the harassment she is made to face on all such issues.
Let the management give a reply either apologising or refuting the charges.
She can think about legal action after that as per provisions of law.
Hi, As per the advise from all of you, my wife spoekn to HR regarding the matter and asked the reason for the same but HR clearly dennied and said she do not know anything about it, when my wife said you should have the reason for the same as you are HR and one point of contact for the employees , you should take the reason from the owner of the hospital before holding my salary, so than she said do not tell me what i need to do, and she said you can directly ask from the owner and disconnected the call, after the suggestion from all of you my wife has written an email to HR , asking the reason why the salary was on hold and requested to release her salary, but HR did not took it seriously and did not reply her, she putted the reminder for the same , so owner of the hospital called her said put your resignation, when wife asked why and reasons , he said you are not performing your duties properly and made so many unrealstic reasons , like your taking to much of leave, you are not going where we want to go, so my wife replied that you know my condition, whenever i really need the leave (for doctor visit or Not feeling well ) i took the leave and informed well in advanced to my reporting manager, so owner said know you have taken so much of leave and we think now we do not need you, i am giving you 2 days time, think on this and put your resignation by wednesday. This is totally unfair with her considering that she is pregnant , instead of giving her support and flexiblity in work they are blaming her and asking her to leave the organisation, knowing the fact that if she will leave the organistion ,none of the organisation will appoint her due the the pregnancy. In this whole conversation no where eles owner had talk about the release of salary and the compansation. They are totally harrasing her mentaly and financialy. I request you please help and advise us the next sort of action , what shell we do ? Thanks !!
Asked 7 years ago
1) refuse to resign
2) in the event employer terminated her services she should complain to labour commissioner regarding unjust termination and refusal to give leave during pregnancy
3) before employer terminated her services apply for maternity leave
4) termination of services by employer would be regarded as an after thought to deny her maternity leave
Your employer will you at least 30 days notice in advance. You need not to resign. You can make a complaint to Labour Commissioner. If you really want to hire an advocate then contact to adv.jaswantsinghkatariya at gmail.com
She not resign her job under any pressure.
Let the management take a decision on this and communicate the same to her in writing.
Once she gets the communication in writing she may plan to initiate legal action against the management as per provisions of law.
The hospital authorities or the owner cannot take a decision this way against the confirmed employee, she can very well approach labor court or the labor commissioner for relief and remedy.
1) Now you sent them notice by a lawyer and registered a complaint with registrar against them and make a points that you want atleast 2 months salary, full n final payment etc plus this legal cost.