Imok
Hr Executive
Ryan
India's 1st Strategic Strengths Coach, Corporate
+2 Others

Thread Started by #glenn_mobiliti

Dear seniors,
Need your valuable advice
One of our employee is on Maternity leave (we have given her the maternity benefits under ESIC), we have appointed a new person in her absence on contract.
Now we want to appoint the new person on permanent basis in place of the old employee who is on maternity leave.
I want to know if it is legally allowed, if we terminate the services of the lady once she joins back office after her maternity leave by giving her 30 days notice / salary in lieu of notice.
8th July 2015 From India, Mumbai
Advice to read Maternity Benefits Act 1961.

Extract for info:

Dismissal during absence of pregnancy,

12. Dismissal during absence of pregnancy,.- (1) When a woman

absents herself from work in accordance with the provisions of this

Act, it shall be unlawful for her employer to discharge or dismiss her

during or on account of such absence or to give notice of discharge or

dismissal on such a day that the notice will expire during such

absence, or to vary to her disadvantage any of the conditions of her

service.

(2) (a) The discharge or dismissal of a woman at any time during

her pregnancy, if the woman but for such discharge or dismissal would

have been entitled to maternity benefit or medical bonus referred to

in section 8, shall not have the effect of depriving her of the

maternity benefit or medical bonus:

Now the intention to terminate the employee by giving 30 days notice/salary i/l of notice may be legal but ethics of such action need to be considered.

Is the lady not working satisfactorily?

Has she been warned/counselled in writing or even verbally before and if so what is the result there of.

One must not treat employees as a disposable commodity.
8th July 2015 From India, Pune
Glenn, I completely agree with Mr. Nathrao - it is illegal to do so. Please advise your management that there are legal repercussions if you proceed down this path. Regards,
8th July 2015 From India, Mumbai
it will cause huge embarrassment for your company management, as same case had happened few days ago and company had to reinstate the employee after intervention of women commission and ministry itself. i believe Mrs. Menka gandhi personally took care of that case.
3rd November 2016 From India, Delhi
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