Vanitha Rani
Hi, Can any one suggest me why an empolyee being removed from the job after maternity leave (due to recession). Is there any policy to get ride of this
From India, Bangalore
rkumar@firstam.com
Hi Vanitha, What type of industry you work for? Did you get a notice period of 1 month before relieved? Regards, Kumar
From India, Bangalore
kraos_1954@yahoo.co.in
30

No way this can be done, this is a clear victimization. No employer should take this type of decision. Even though due to recession you wants to discontinue an employee, she should be allowed to work for some time, give a notice and discontinue. The discontinution should also be last come first go scenario to be followed.
Pl. ask the concerned to talk to HR and if it is futile then can approach labour department and even if approach legally.
With regards - kameswarao

From India, Hyderabad
parthasarthi
4

Dear Madam,
This is illegal and gender discriminatory. The Maternity Benefits Act in India also mention in one clause that employer cannot terminate services of pregnent women or beneficiary of maternity benefits on the ground of their maternity. I think recession has no rescue to terminate you better ask Labour Commisione to interveine into matter and hopefully you will be reinstated because such termination is illegal.
Partho

From Saudi Arabia
sumit.bhatia85@gmail.com
Hi,
This is illegal and gender discriminatory. The Maternity Benefits Act in India also mention in one clause that employer cannot terminate services of pregnent women or beneficiary of maternity benefits on the ground of their maternity. I think recession has no rescue to terminate you better ask Labour Commision to interveine into matter and hopefully you will be reinstated because such termination is illegal.

From India, Ludhiana
mintimanali
Hey
As per the factory Act and Maternity Benefit Act, the employer cannot dismiss any female employee because of maternity leave its a benefit under law. So if such thing is happening then u can talk to the employer or if he is not ready then can go to industrial tribunals.
Manali A

From India, Bhopal
pranab.kumar
35

Dear Team,
Ask the employer to give in writing the reason to sack you.
If it is on the ground of Maternity leave inform him in writting that you are asking for legal help to reinstate.
Thanks and regards,
Pranab

From India, Mumbai
Prasenjit Dasgupta
Vanitha - Pls help answer the below queries and provide any other fact that you may have missed:
1. Did you resume work post ML and spent few days in office or you received the termination letter in the midst of your ML/ date of resumption of work?
2. In these times of recession, did your employer transfer you to a different office/ city after you resumed work, which you did not accept?
3. Does your term of Appointment carry a clause on Transfer/ place of posting? Does it state that when required "the Company may transfer you to any location as per business requirement”?
4. Does your term of Appointment carry a clause on "Termination”? Does it state “termination of employment without assigning any reason thereof"?

From India, Delhi
sushilnavy76
Hi
No sensible HR will do this. Generally women have extend maternity leaves beyond the authorised 3+1 months. I am sure in this case too the HR must have taken advantage of this extra leave for termination.
Under Normal circumstances you can drag the company to court.

From India
sushilnavy76
No. They are legally bound to pay 3 months of maternity benefits (you must work for at least 80 days in the six months period prior to the due date)
From India
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