Umakanthan53
Labour Law & Hr Consultant
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Asso.prof.(commerce & Management)

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When an employee leaves the current job to join another company after taking Maternity Leave - What action can a company take in this case? (If an employee serves the notice period or without serving the notice period or leave without informing)
From India, Mumbai
Employees leaving the employment has to serve the stipulated notice period provided for in the terms of appointment. Employer is entitled to enforce this stipulation even when she leaves after completion of ML.
From India, Bangalore
Dear Swati,

I think that you've raised two queries arising from out of the same cause of action - i.e., resignation of an employee soon after/ after availing statutory maternity benefit in the form of leave with wages.

First it should be borne in mind that maternity leave is a statutory benefit based on the services rendered by the employee in the past. Therefore, it cannot curtail the employee from exercising her option to leave the job for whatever reason after availing the benefit.

At the same time, I do concur with the view of our friend Mr.Kumar that the employer has the right to enforce the notice clause of the contract of employment or of the service regulations when the employee fails to observe it as the same is a mutual contractual obligation.

In this back drop, the already availed maternity leave cannot be a bar on the subsequent resignation of the employee after complying with the notice condition as insisted by the employer i.e buy out or serving the entire notice period. If she fails to do either way, her resignation can be rejected and her services can be terminated following the procedure of service rules and the principles of natural justice.

From India, Salem
Dear Mr. Kumar & Mr. Umakanthan, Thanks for your prompt response & assistance!
From India, Mumbai
Dear Swati
Seconding to opinion of our senior member Shri Umakant, I would reaffirm that Maternity Benefit Act does not attract any implication of employee leaving the services by way of resignation immediately after availing benefits under the Act.
Binding if any , could be only through service condition/terms of appointment through Notice Period terms.
Employer if any is posing any intimidation on this account , it is mala fide and has no legal locus standi.
Wish you best luck
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara

From India, Mumbai
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