Illegal termination no salary no maternity show as fraud

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This query is : Resolved

sonam patil (Querist)

09 February 2020

I’m a pregnant women and about to go on maternity leave, without giving any notice my company has terminated me from office after making false allegations on me. They have not given last month salary, leave salary and bonus to me (total due more than 1lakh). I think they have terminated me because they don’t want to give me 6 month’s maternity salary (more than 2lakhs). Employer give me mental harassment to force to resign.
Please help me and suggest me what I do in this situation without filling complaint in court because I am not in situation for going to court.

sonam
9819856265

CMA Bhavya

CMA Bhavya (Expert)

10 February 2020 Dear Sonam,

Firstly I would like to appreciate that you have brought your quiery to an forum,
just by answering your query if you were working less than 6 months in the said organisation then you wont be eligible for maternity purposes.

otherwise employer has no right to remove you from your employment just because you are pregnant, Sec. 21 of Maternity Benefit Act 1961provides that if any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or terminates the employment of such woman during or on account of her absence from work, he shall be punishable with imprisonment which shall not be less than 3 (three) months but which may extend to 1 year and with fine which shall not be less than INR 2,000 but which may extend to INR 5,000

You may draft an letter to your organisation for the grounds of such termination, if you are from Bangalore -in the Labour office is near Bannerghatta Road-Karmika Bhavan, you can directly visit the office once.

this article may be useful to you https://www.peoplematters.in/article/diversity/legal-hr-can-you-fire-a-pregnant-woman-employee-16945.

regards,
Bhavya.P

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