Legal Notice for termination due to Maternity
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                                                                                                                                 12th March, 2018

To,

HR Executive

IQR 
206, ,

Ahmedabad, Gujrat 380015

 

Subject: LEGAL NOTICE FOR UNLAWFUL CONCLUSION OF EMPLOYMENT OF MY CLIENT I.E Ms Auy

 

Sir,

 

This is in reference to your letter dated 28th February, 2018 sent to my client for conclusion of my employment as per clause 11 of the Appointment letter due to closure for QA department. We are instructed to reply as follows:

1.      Vide offer letter dated 5th July, 2016 my client was offered the position of Senior QA Engineer at your head office at Ahmedabad, Gujrat. Since 21st July, 2016 my client was your employee. My client is a hardworking employee and have been an efficient and productive resources of your company.

2.      My client through an email dated 8th December 2017 had duly informed about her pregnancy and sought maternity leave with effect from 2nd April, 2018 to 30th September, 2018. My client being your women employee of your company is entitled for the leave and benefits as per Maternity Benefits Act, 1961 and amendments thereof. 

3.      Vide letter dated 28th February, 2018, my client has being asked to leave on the ground that QA department is being shut down with effect from 28th February, 2018 due to current market scenario. In furtherance of the same, my client is asked to leave the company and will be relieved from 29th March, 2018.

4.      That it is pertinent to mention here, you were under strict obligation to abide by the Maternity Benefits Act, 1961 and amendments thereof but rather you have concluded the employment of my client, as result of the same, my client is being denied her maternity leaves which has become now legally due with effect from 2nd April, 2018. It seems that you have had the mala fide intention to cause distress, mental agony at such stage of pregnancy rather you are required under laws governing maternity benefits and such provisions that during the pregnancy, conditions of her services could not be varied to her disadvantage.

5.      You, being the employer must rather should have been considerate and sympathetic towards her and must realize the physical difficulties which a working woman would face in performing her duties at the workplace during her pregnancy.

6.      You are requested to take back your notice to conclude the employment of my client, as it is the right of the employee to get medical benefits, since such grant of maternity benefit is according to the mandate of the law.  Now you are hereby called upon to withdraw your letter dated 28th February, 2018 under reply as it is arbitrary, baseless, without any substance within a period of seven (07) days from the receipt of this notice, failing which our client shall be constrained to take appropriate legal action against you, both civil as well as criminal, which shall be entirely at your costs, risk and consequences. In case any misconceived and unwarranted proceedings are initiated against our client, you shall be liable for the consequences and it shall be defended entirely at your risks and costs.

 

Copy retained in our office for future reference and record.

 

 

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