PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
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Madhu.T.KIn my opinion the company which does not care for even the statutory rights of employees is not at all a good place to work. But if you feel that you will not get another opportunity and this is comfortable you can join with a few conditions. First, you should get a confirmation of how the period of absence of 18 months will be treated. If you had resigned at your will, you will have to forget about it but if your resignation just before proceeding to leave on account of maternity was following any direction from the employer, you should ask for maternity benefit in the form of 26 weeks salary. You should reach a consensus as to how to treat the period of absence post 26 weeks. It can be a leave with out pay, no issue but in records, there should be an approval of leave. Finally, you should get a confirmation about your past service, ie, service of 6.7 years. Once the period of absence is regularised it will automatically be linked to the present service. But an agreement is required failing which in future, the employer can deny you gratuity once you leave the company due to any reason. The increment not given to you for the 4 months of service quitting can be ignored but you can demand a higher salary considering the increments for two years when you rejoin now.
From India, Kannur