Redundancy b4 maternity leave info-URGENT
I have a friend who was asked to provide with her tentative date of delivery which came out as August 6, 2009. Company is playing games with her by saying that the business is almost nil so they have to terminate her Contract of services, the last date would be 9th of August 2009. Main reason they have provided is that company will shut down by September or October 2009. The lady is very furious because she knows very clearly that the company doesnt want to pay her maternity leave alongwith annual leave which is almost 73 days (50+23). Can she take the complaint about the company with this issue, plus her date of joining with the company was 6th April 2007, so how her gratuity is going to be calculated.
She requires the help immediately because she needs to put her argument forth.
hmmmn
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CONFUSE ............ if you cannot convince!
Annual Leave Salary is normally being paid as per the Basic Salary.
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Forget all this... Just ask your friend to think as a partner of the company and not as an employer of the company... After all employees are the most important stakeholders in any company.... These issues don't even matter then... In my first job I worked with someone who took 2 days leave for child birth, she was amazing...
it is up to the Company if they wanted to pay to their staff leave salary with basic pay or along with allowances. This should be mentioned in the Contract singed by the employee and the employer.
Regarding ML, Company has a right to terminate the contract of the employee for a valid reason, but subject to notice period.
Company can ask the employee to work for the notice period or pay the employee notice pay and release with immediate effect.
Maternity leave has nothing to do with termination.
Check her contract and read the clauses carefully before taking any step against the Company.
Her company is planning to settle her dues since the company is going to close. She has the following issues & I need some feedback from you ppl to help her understand if her calculation is right or not:-
1. Annual Leave :- As per my HR experience, Annual Leave is always calculated on full pay package & not Basic whereas her company is trying to pay that under basic salary only.
2. Maternity Leave :- She already informed her company about her ML 2/3 months in advance. The tentative date was 6th August 2009, whereas they tried to fool her that since company is about to close they are reliving her from her duty before last two weeks of July. The question is can she claim her Maternity Leave since she has a valid point that she informed in advance plus she has completed her year & since company was supposed to close in September which didnt happen ........... it clearly looks like a case where her company doesnt want to pay her ML. Pls guide
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CONFUSE ............ if you cannot convince!
Hmmn ... very nice & informative. I'll inform friend about this.
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CONFUSE ............ if you cannot convince!
Well her Gratuity will be calculated at 3 weeks per year of service.
As for the Redundancy, there really isn't alot she can do to be honest, the labour law only states that someone can't be terminated during their leave, nothing about before.
It sucks, i know, but they are actually going by the book. The only thing she can actually do is make sure the labour department are aware the termination is due to redunancy which means they can not actually replace her position for up to six months of the date of termination, otherwise she put a claim against them. But that is also a dicey area as they can hire someone with a different job title but her said person the same duties to perform as your friend.
Saying all that, there is still no harm in trying to make a complaint against them, you never know what kind of black marks the authorities will have against the company from previous employees.
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