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Can you explain me what is the actual rules of maternity benefit from the ESIC and also from company???
Also note the below mentioned example: After maternity leave one lady comes back in to office and XYZ company told her we can terminate you due to replenishment so what is the legal step for her FNF? Request you to please share the one by one steps for legal purpose.
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Dear Vikas
Your question does not provide proper and adequate information required to understand the case.
However please note:
1. There should be a proper and justified reason for termination of the employee, could be a) due to poor performance b) prolonged medical sickness c) termination as outcome of punishment for a misconduct
2. In all case proper communication and following of principal of Natural Justice is important.
3. The exit will depend on the category of employee , the refereed employee falls in which category -workman or executive/manager ?
4. In case of workman it is required to follow the procedure prescribed under Standing Orders.
5. Or else it will amount to illegal retrenchment
Shailesh Parikh
99 98 97 10 65
Vadodara
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