neel412
I am working in a limited construction company since 2006. I was on maternity leave which is going to end on March 21. But suddenly last week I got a call from my reporting manager that management has decided to drop your position as your work had managed by some other teammate and you also get a call frm Hr dept also. I requested him a lot but he was asking that it's a management call he can't help me. Next day only I got a call from Hr dept and she is convincing me to resign. And telling me that you will get all your maternity benefit but you have to resign and no job for you.
But I want job and I don't want to resign. I don't understand why they have decided to fire me as I am an old employee. Pls guide what to do.


PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Sumitk.saxena
Service/manager-hr
Otp_mohan
Hr Manager/head
Nagarkar Vinayak L
Hr And Employee Relations Consultant

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umakanthan53
5942

During her pregnancy which stands formally communicated, the employer cannot terminate the services of such an employee for any reason whatsoever and particularly when she is on her maternity leave. That's why they insist on your resignation so that it serves the twin purpose of the easy exit of an excess employee and the discontinuation of the maternity benefits post resignation. So don't yield to their compulsion.
From India, Salem
rkn61
572

@Neel412,
When will your maternity leave period come to a close? Plz specify the date.
Act of termination of service of a woman employee, during maternity leave period, from management , is illegal and can be challenged in Court. The verdict will come only in
favour of woman employee. So, do not worry.

From India, Aizawl
sumitk.saxena
252

Agreed with Mr. Nair and all above associates Termination of women employee dring maternity period is illegal. Thanks & regards, From, sumit kumar saxena
From India, Ghaziabad
otp_mohan
25

India has plethora of laws as well as loop holes in those laws. If there any legal liability to employer on “termination”, he will go through “forceful/tactical resignation”. This is what happens in private sector.
Whenever/wherever an employer think an employee is a liability and treat incapable, employee should quit and work for other employers those who see value/capability.
Take your legal benefits/remuneration. Take it easy. Nothing is permanent. Once you feel you are avoided by someone, never disturb them again. When someone leaves, it’s because someone else about to arrive. You should not moulded by one employer/company. Work for right people those who see “worth” in you.

From India, Mumbai
Nagarkar Vinayak L
617

Dear madam,
You are legally on sound wicket. Your termination during known pregnancy and maternity leave, if takes place, is patently illegal. The company knows it well, which is why want to wriggle out by asking you to resign. Please don't oblige them . On the contrary tell them to pay you full maternity benefit and allow to resume your work.
Despite this, if they terminate your services, you immediately approach Labour office of the state govt with written complaint. Some time will go, but ultimately you will come out winner.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
PRABHAT RANJAN MOHANTY
532

Dear Neel,
In my suggestion you should not resign from your end. You send reminder to your employer to settle the claim of MB that remained pending at the earliest as you are in financial crisis in regular interval in mail and speed post. You also inform them that you will resume office on completion of the MB leave(if you are in a position to do that).
You leave the ball at the employer court, they want your resignation as they can not terminate you during MB. Be ready to fight with spirt, if they terminate you.

From India, Mumbai
neel412
Thanks for the valuable suggestion. My maternity leave will end March 2021. Management is ready to give me all medical benefit. But they are forcing me to give resignation first which I have already deny. I demanded two months advance salary frm them too but later they are ignoring me, not attending my call and giving reason that they are waiting for the approval. I am ready to join on 1st April if they will not settle me financially and also ready to go to labour court.

umakanthan53
5942

Dear Neel,
You report for duty on the expiry of your maternity leave. Most probably you must be in the cadre of ' workman' under the IDA,1947 or a 'person employed' under the State S&E Act applicable. As such, even on the ground of surplusage your management cannot retrench you or terminate your services without observing the relevant provisions of either of the above two Acts.
In case, they dare to do so, you can get statutory relief against such illegal termination under the provisions of either of the above two Acts.
If they come forward for any negotiation in this regard, keep in mind that you are entitled to gratuity under the PGA,1972. In addition, you are entitled to retrenchment compensation @ 15 days average salary for every year of completed service and one month's notice pay, if you are a 'workman' under the IDA. Otherwise, you are entitled to notice pay as per the exit clause of your contract of employment/ appointment orders. If you resign, you will not get anything other than statutory gratuity and in addition your management can create problem by asking you to pay them your notice salary. Better keep all these things in mind while making ay negotiation, please.

From India, Salem

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