Facing Job Loss After Maternity Leave Due to Recession: Is There a Policy to Help?

Hi,

Can anyone suggest to me why an employee is being removed from the job after maternity leave (due to recession)? Is there any policy to get rid of this?

Hi Vanitha,

What type of industry do you work in? Did you receive a one-month notice period before being relieved?

Regards,
Kumar

No way this can be done; this is a clear victimization. No employer should make this type of decision. Even if, due to a recession, you want to discontinue an employee, they should be allowed to work for some time, given notice, and then discontinued. The discontinuation should follow a "last come, first go" scenario.

Please ask the concerned individual to speak with HR, and if that is unsuccessful, they can approach the labor department or seek legal assistance if necessary.

With regards - Kameswarao

Dear Madam,

This is illegal and gender discriminatory. The Maternity Benefits Act in India also mentions in one clause that an employer cannot terminate the services of pregnant women or beneficiaries of maternity benefits on the grounds of their maternity. I think a recession is no excuse to terminate you. It would be best to approach the Labour Commissioner to intervene in the matter, and hopefully, you will be reinstated because such termination is illegal.

Partho

Hi,

This is illegal and gender discriminatory. The Maternity Benefits Act in India also mentions in one clause that employers cannot terminate the services of pregnant women or beneficiaries of maternity benefits on the grounds of their maternity. I think recession is no excuse to terminate you. You should consider asking the Labour Commission to intervene in the matter, and hopefully, you will be reinstated because such termination is illegal.

Hey,

As per the Factory Act and Maternity Benefit Act, the employer cannot dismiss any female employee because of maternity leave; it's a benefit under the law. So if such a thing is happening, then you can talk to the employer, or if he is not ready, then you can go to industrial tribunals.

Manali A

Dear Team,

Please ask the employer to provide in writing the reason for terminating your employment. If the termination is based on maternity leave, kindly inform them in writing that you are seeking legal assistance for reinstatement.

Thanks and regards,
Pranab

Vanitha - Please help answer the below queries and provide any other facts that you may have missed:

1. Did you resume work post maternity leave and spend a few days in the office, or did you receive the termination letter in the midst of your maternity leave/ on the date of resumption of work?

2. In these times of recession, did your employer transfer you to a different office/city after you resumed work, which you did not accept?

3. Does your term of appointment carry a clause on transfer/place of posting? Does it state that when required, "the Company may transfer you to any location as per business requirements"?

4. Does your term of appointment carry a clause on "Termination"? Does it state "termination of employment without assigning any reason thereof"?

Thank you.

Hi,

No sensible HR professional would do this. Generally, women are entitled to extended maternity leave beyond the authorized 3+1 months. I am sure in this case as well, the HR department must have taken advantage of this extra leave for termination purposes. Under normal circumstances, you can take legal action against the company.

Thank you.

No, they are legally bound to pay 3 months of maternity benefits. (You must work for at least 80 days in the six months period prior to the due date)

Dear Vanitha,

Termination on account of maternity will result in imprisonment. Whereas, the Indian law, specifically the Maternity Benefit Act, 1961, under sections 21(1), 21(2), and 22 states as follows:

Section 21(1):
Failure to pay maternity benefits or dismissing due to maternity:
Penalty: Imprisonment for 3 to 12 months and/or a fine of 2K to 5K.

The other two sections apply to government employees and contravene provisions of the Act.

Therefore, a woman can take legal action against the employer if she is terminated due to maternity.

Regards,
Shiv

Hi,

Sacking a person due to maternity is not possible. Moreover, a recession can never be a reason for this. India has already faced three severe recessions in its history. This time, it is a bit of a big term, and the impact is very hard globally. The term "recession" has become the word of the day and is being used to its full extent by people. Therefore, both recession and maternity cannot be reasons for sacking any employee.

VidhyaVinoth