Can a organisation serve a notice of discharge ( 3 months notice ) at a time when a women is under maternity leave ? For example: Imagine a women is on maternity leave from Dec 1st to March 1st, and a organisation servers her a notice of discharge on Jan 1st ( ending on April 1st ). Is it allowed ?
From India, undefined
From India, undefined
Please note here that almost 2 months notice period coincides with the maternity leave for the employee.
From India, undefined
From India, undefined
Under the act, you can not terminate any employee while she is on maternity leave, or during the time of pregnancy. So, you will need to issue the notice on end of the maternity period
From India, Mumbai
2383From India, Mumbai
Hi,
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From India,
Click and read article it will be helpful to you on same
https://www.citehr.com/517631-employment-termination-high-court-injunction-against-sector.html?utm_medium=email&utm_campaign=citehr_n ewsletter
From India,
Please elaborate your query, you have mentioned that the notice of discharge is from 1st Jan to 1st April (3 months) and the Women employee is in maternity leave from 1st Dec to 1st March (3 months). Please explain on which ground/reason the 3 months notice is discharged, to give you an appropriate view by the forum member
From India, Ahmadabad
From India, Ahmadabad
The employer can not terminate during period of Maternity Benefit......I.e. 6 weeks before expected date of delivery and 6 weeks after delivery and another 30 days if woman is suffering from sickness due to pregnancy delivery.......
This is as per Maternity Benefit Act.....
The employee can lodge complaint with Inspector appointed under the Act by the appropriate Govt (State/Central)....
From India, Chandigarh
This is as per Maternity Benefit Act.....
The employee can lodge complaint with Inspector appointed under the Act by the appropriate Govt (State/Central)....
From India, Chandigarh
My reading of the act is that you can not terminate for the entire period of pregnancy and for 6 weeks thereafter. Once up her maternity benefit period is over, you can terminate (subject naturally to other provisions of the law)
From India, Mumbai
From India, Mumbai
I echo Mr. Banerjee, but my question to the Query raiser is whether the notice of discharge is against the MB, or is it the notice of discharge of Maternity Leave. The query raiser states that the notice of discharge is for 3 months and not termination from the employment.
From India, Ahmadabad
From India, Ahmadabad
Thanks everyone for your views. The notice of discharge says that since the organisation decided to close down a part of the department they are giving the notice period of 3 months and after that they will relieve from the job. But the 3 months starts during the maternity leave and ends about 15 days after the maternity leave. Is this allowed as per law ?
From India, undefined
From India, undefined
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx