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Denial of maternity benefits by company can I pursue the case
20-Jun-2023 (In Labour & Service Law)
I am a permanent employee (Content writer) in my current organisation since 1.4 years. After I got pregnant, doctor advised me against travel due to certain complications and I requested for work from home. It was granted for 1.5 months but later the company refused to continue with me. It was my 4th month of pregnancy. The employers imposed condition that I should be physically present in office else my maternity benefits would be denied. I also furnished medical report but they didn't relent. They forced me to resign, when I refused and asked for my compensation, they terminated me over email. My father went and requested them politely after few months, but they didn't revert. Please advise is there any legal recourse on this. How much time does such cases take? Can I pursue the case after 6 months of the incident as I am bed ridden due to pregnancy now.
In the given situation either you can approach labour court for the same or
If you sue a former employer for wrongful termination, you are asking the jury to award you money, called damages. Monetary damages are usually the only remedy available in a wrongful termination lawsuit. The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses. Your employment with a private company is governed by the letter of appointment issued to your by the company and comes under the ambit of Contract Act.
Did you sign any contract of employment before joining the company?
If so, what were the terms of termination of employment in the contract?
Any employment with a private company is managed by the letter of appointment issued by the company and comes under the ambit of the Indian Contract Act.
The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.
However, one must keep in mind that the court cannot grant reinstatement as private employment is covered under the contract act which means the maximum available remedy is only to recover the monetary losses one suffered due to the illegal termination.
If you sue a former employer for wrongful termination, you are asking the jury to award you money, called damages. Monetary damages are usually the only remedy available in a wrongful termination lawsuit. The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses. Your employment with a private company is governed by the letter of appointment issued to your by the company and comes under the ambit of Contract Act.
Did you sign any contract of employment before joining the company?
If so, what were the terms of termination of employment in the contract?
Any employment with a private company is managed by the letter of appointment issued by the company and comes under the ambit of the Indian Contract Act.
The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.
However, one must keep in mind that the court cannot grant reinstatement as private employment is covered under the contract act which means the maximum available remedy is only to recover the monetary losses one suffered due to the illegal termination.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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company should must grant medical leave as per the provisions of the maternity benefits act . you can also approach to company 's medical officer for the advise , othrewise you can send a legal notice for extend the maternity benefits . then you approach to lawyer for filing a complaint in the competent authority.
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