Advocate Rekha Kumari

Questions Answered by Advocate Rekha Kumari

Q: Manager of company filed false affidavit how to proceed legally

The manager of my company filed a false affidavit in the capacity of legal representative of the company to ROC Delhi, RD, Chief Secretary. How can i proceed now ?

Advocate Rekha Kumari answered
In a capacity as Director you can write letter to Roc stating that your company manager filed false affidavit without consent of majority directors or members hence please take required action. But the burden of proof will be on you who will challenge that affidavit.

Q: Termination of services during maternity leave

I was sanctioned 6 months maternity leave from jan11 to jul8 and suddenly I was sent an email on may30 that my services are no longer required.although job was contractual, it was unjustified to terminate services without reason. I sent letters to department but no respite. I have been adviced to request my job back and not fight for my right.I seek advice on how to proceed further. What are my options.

Advocate Rekha Kumari answered
Women are entitled to 12 weeks of maternity leave, of which at least six weeks must be after delivery, where the woman employee has worked for 80 days in the 12 months preceding her delivery date. If in case employer gives a written permission for taking 6 month continuous leave, he cannot suddenly terminate an woman employee on the ground she was under contractual service. A female employee is entitled to salary and benefits during maternity leave. The employer cannot require the employee to do any work during the maternity leave.During pregnancy, a female employee also has the right to request that she not be required to do any work of an arduous nature or which involves long hours of standing, is in any way likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.It is unlawful to discharge or dismiss a female employee on account of being on maternity leave or to issue a notice of discharge or dismissal expiring during the period of maternity leave. It is also unlawful to vary the terms of employment to her disadvantage during the period of maternity leave. Hence, you should go to the Labour Court and file your case there.