Advocate Shailendra Kumar Singh

Questions Answered by Advocate Shailendra Kumar Singh

Q: Termination of service after maternity leaves

Please give guidance as our company is terminating me after joining from Maternity Leave. they are giving only the days i have worked after joining back to office. I went for maternity leave on 1 jan 2016 for 3 months till 31st march and then extended my leave without pay from 1 april to 30 june. i joined on 1st july and now they are terminating the services by paying only for few days. Please suggest what is the law and i can fight for my rights.

Advocate Shailendra Kumar Singh answered
You see u are guaranteed your fundamental rights " right for livelihood" Article 14 of constitution of india refers. Your services can only be terminated as per the terms of service of your organisation. Reason mentioned by appears to be vague and employer is acting arbitrary and contrary to govt scheme. In principle he cannot do so. Rest best guidance can be rendered based on documents.

Q: about employment of Lmc person with chronic kidney disease stage 3

What derailment and duties r authorised for a chronic kidney disease stage 3 Lmc person. 2.is it right step to take volunteer discharge from service,after 15yrs now my service is 14yrs.l m very unhappy with unit behavior against my disease.

Advocate Shailendra Kumar Singh answered
Normally, we have two kidneys located on each side of our spine, above the waist. Their main job is to filter wastes and excess water out of your blood to make urine. They also maintain the body’s proper chemical balance, help control blood pressure, and produce hormones.Chances are, you feel normal and were surprised to hear that you have low kidney function (also called CKD or chronic kidney disease). It is called a “silent” disease, because many people don’t have any symptoms until their kidneys are about to fail completely. The only way to know is to get your kidney function checked with blood and urine tests. Your doctor probably checked your kidney function in two ways.The first is a blood test checks your creatinine level. The kidneys filter waste products and toxins from the body. When the kidney function decreases, those toxins accumulate in the blood. We measure the creatinine to estimate that accumulation. The worse the kidney function, the higher the creatinine level. The level of creatinine in the blood is a useful guide to kidney function, but the glomerular filtration rate (GFR) is a more accurate measure. It is estimated using the blood creatinine along with other variables like age, sex and race. The second of the two tests is a urine test check for albumin. Albumin is a protein that can pass into the urine when the kidneys are damaged.CKD means that your kidneys are damaged and can’t filter blood like they should. This damage can cause wastes to build up in your body which can lead to other problems that can harm your health. CKD is often a “progressive” disease, which means it can get worse over time, which is why this needs to be taken seriously.If really u r facing physical inability in performing trade duties, try to complete your initial period of 17 year or at least pensionable period of 15 years. Advisory is that u should be invalidated from service and u should get disability pension.U can approach medical board to get u recommended for invalidation in next re-categorization board.

Q: Employer is not paying my salary What legal action can I take

Hi sir... I am working in an partnership firm and my employer is not paying my salary and saying that salary will be only credited once organisation will get business even i had given business to the organisation and there we always facing salary issues in this company. There are 10 employer working in this organisation. Please guide us so that we can take legal action on him.  It will be very helpful to us.

Advocate Shailendra Kumar Singh answered
Hope fully ur firm must be registered. Please go through the Memorandum of Understanding. Also see the terms and conditions of service. It appears that your legal right of livelihood is being hit by the your employer. You can approach to appropriate form for ibid redressal.

Q: Right of Pregnant employee in Private firm

My wife is in organization where there are night shift as well. It is advised by doctor to go in Day shift only. Is there any law related to it. Also if my wife can take more leaves like 6 months more then company policy. Can Company change the designation or project of my wife.

Advocate Shailendra Kumar Singh answered
A good HR policy tries to ensure that women employees should not give up their otherwise aspiring career to fulfill their role as a mother. A women becoming the mother fulfills her duties just not for her family but for society as well. But one should be careful not to join office back during maternity leave period as this leave can be taken in one spell at a stretch. The companies which are covered under Employees state Insurance schemes are also obliged to give maternity benefits to their women employees for eg., Women employee cannot be sacked form the job just because she is pregnant or going to become a mother as per maternity benefit act, 1961. Working women can apply to labor court of her area in case maternity benefits are denied by the employer within sixty days from the date of receiving orders. As per maternity benefit act, the employer can be punished under, if he/she denies maternity benefits to women employees and that includes imprisonment for three months or fine up to Rs. 5000/- or both. Your query has three folds. Firstly, if you can seek more leave then granted by Organisation. This is discretionary power of the organisation. They may or may not grant. Secondly, Company has full right to proceed against the employee if there is breech of rules by any person. Ur constitutional rights should not be infringed by the acts of company owners. Lastly, in principle company should not change the designation of your wife or project only because she is carrying at present. But organisational targets cannot be overlooked also. The above are only advise. Rest can be clarified more if documents are being brought before undersigned.