📄 Citizen Pocket Legal Shield (Printable 1-Page Offline Card)
Top 10 essential everyday protections formatted to print on 1 page or save on phone.
Maternity Rights
✅ 26 WEEKS MANDATORY
🌐 All-India Central Act
Can an employer terminate a female employee or deny 26 weeks of fully paid maternity leave?
STRICTLY ILLEGAL. Under the Maternity Benefit Act, women employees working in establishments with 10+ employees are entitled to 26 weeks of fully paid maternity leave; dismissal during pregnancy is a criminal offense.
Governing Law:
Section 5 & Section 12, Maternity Benefit (Amendment) Act, 2017
Exact Words to Speak Calmly:
🛡️ Article 15, 42 Shield
“HR / Management, as per Section 5 & Section 12, Maternity Benefit (Amendment) Act, 2017, employer cannot alter service conditions to her disadvantage or discharge her during maternity leave. Under Article 15(3) & Article 42 (Maternity Relief), withholding lawful remuneration, benefits, or documents is unconstitutional; kindly process this strictly as per statute.”
What the Law Says
- • Employer cannot alter service conditions to her disadvantage or discharge her during maternity leave.
- • Crèche facility is mandatory in establishments having 50 or more employees.
What to Say & Do Calmly (Step-by-Step)
- Submit written notice of pregnancy and expected delivery date to HR with medical certificate.
- If employer refuses or terminates, file a direct complaint with the State Inspector of Factories/Labour Commissioner.
Statutory Benefit
✅ MANDATORY AFTER 5 YEARS
🌐 All-India Central Act
Can a company refuse to pay Gratuity after an employee completes 5 continuous years of service?
NO. Payment of Gratuity is a statutory obligation for every establishment with 10+ employees upon completing 5 years of continuous service.
Governing Law:
Payment of Gratuity Act, 1972 (Section 4)
Constitutional Articles:
Article 21 (Social Security & Livelihood)
(Art 21 →)
Exact Words to Speak Calmly:
🛡️ Article 21 Shield
“HR / Management, as per Payment of Gratuity Act, 1972 (Section 4), gratuity is calculated as (15 * Last Drawn Salary * Tenure) / 26. This is constitutionally protected under Article 21 (Social Security & Livelihood); kindly follow statutory due process and provide an official written record.”
What the Law Says
- • Gratuity is calculated as (15 * Last Drawn Salary * Tenure) / 26.
- • If employer delays payment beyond 30 days, they must pay compound interest to the employee.
What to Say & Do Calmly (Step-by-Step)
- Submit Form 'I' application for gratuity to the employer within 30 days of resignation.
- If unpaid, file Form 'N' before the Controlling Authority under the Payment of Gratuity Act.