Labour Law & Hr Consultant
Sr. Hr Executive

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in contractual job if a female employee work for 1 year & after that she resigns and join on other position in the same organisation does she has to work minimum 80 days for applying maternity leaves
From India, Delhi
Dear Deepika,
Yes, the minimum working period will be applicable as there was change of employment and maternity benefits to be paid by the employer when the employee works with employer for the minimum period of employment.

but the employee is working in the same organisation since 1 year, the only difference is her position gets changed & on new position she is working from since 2 months
From India, Delhi
Employment is basically a contract between the hirer and the hired culminating in employer-employee relationship with specific and predetermined rights and obligations of mutuality. Resignation, as such, is a unilateral right the employee derives from the contract to terminate the same and it becomes effective when it is accepted by the employer. Therefore, since the resignation at any point of time ends the contract and the spell of service rendered by the employee automatically merges with the concluded contract, technically it can not be considered for any benefit flowing out of a fresh contract of employment with the same employer by the employee not withstanding the time gap between the two contracts. However, the employer may in his own discretion restore the rights flowing out of the past service.
From India, Salem
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