As per my company's Employee Handbook, if anyone takes 3 months of maternity leave, she has to mandatorily serve a 6-month period with the company after the completion of maternity leave. In my case, I applied for a 6-month maternity leave, and HR reverted, saying that I would have to serve a minimum period of 1 year with us after leave completion. If you leave early or don't join back, you will have to pay us 3 months' salary (company given as maternity benefit) plus 1 month notice period salary. This email I received after my baby was born. As I was not in a position to check with others, I just replied with 'yes, I agree with the terms & conditions.' I rejoined after 6 months.
However, it takes 3-4 hours to commute to and from the office plus 9.5 working hours. This means I am away from my baby for 12-13 hours a day. Therefore, I wish to leave this job and work at a nearby place. Do I need to repay the whole amount to my company?
From India, New Delhi
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1However, it takes 3-4 hours to commute to and from the office plus 9.5 working hours. This means I am away from my baby for 12-13 hours a day. Therefore, I wish to leave this job and work at a nearby place. Do I need to repay the whole amount to my company?
From India, New Delhi
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Dear, Maternity law have no such clause, you can resigne when ever you want. Ask your HR to study the law or consult any one else. You are free to resigned and take care your baby first. Thanks
From India, Rohtak
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From India, Rohtak
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Legally, no such binding clauses can be forced upon an employee. You need to inform HR that their actions will be contrary to the law and will create legal hassles for the company if an employee takes up the matter with the Labour Officer of the area.
From India, Pune
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From India, Pune
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The said condition violates the Maternity Benefits Act. One cannot lay down a condition for taking maternity leave. This is unlawful and unethical. You can take up the matter with the local labor office if the HR and the management say that these are the rules and you need to follow them.
Regards,
Ashutosh Thakre
From India, Mumbai
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Regards,
Ashutosh Thakre
From India, Mumbai
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Agreed, there is no clause in the law saying you need to repay your maternity leave by working extra months.
Also, you need to relook at your employee handbook for any rules that are not compliant with labor law.
From Malaysia, Kuala Lumpur
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Also, you need to relook at your employee handbook for any rules that are not compliant with labor law.
From Malaysia, Kuala Lumpur
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Is there any written communication about working for a year, You were on leave for 6months so all leaves might not be paid one, Give us the correct information then only I can help
From India, Pune
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From India, Pune
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HR has told me by mail that I have to mandatorily serve a minimum period of 1 year with company. I was provided salary for 3 months & 3 months leave was unpaid.
From India, New Delhi
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From India, New Delhi
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Report the matter to the labour commissioner of the area. Produce this email to the official and ask him to intervene. Your HR is not complying with labour law by this interpretation.
From India, Pune
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From India, Pune
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Like other members mentioned, this is not just illegal but also taking advantage of the employee's situation by the company. Even by the company's own logic, they should be asking you to pay back "3 months' salary (company given as maternity benefit) + 1 month notice period salary" — given that 3 months were unpaid leave in your case. Just go ahead and report... Or try informing the company that your family is asking you to take things legal and see their response/reaction. Sometimes, this works when the other side knows they are not on the right side of the law. And you have the communications in writing. All the best.
Regards,
TS
From India, Hyderabad
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Regards,
TS
From India, Hyderabad
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As TS and other members advised, just write to the company that you are seeking clarification on their demands from the labor office. Also, add that the email will be an attachment in your application seeking clarification about maternity benefit payments and company stipulations that an employee cannot leave for a certain number of months if they take maternity benefit payments. This will elicit a genuine response from the company. HR will probably come running and ask you not to take legal action.
From India, Pune
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From India, Pune
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As fellow members explained, there is no such clause of an expanded notice period in the Maternity Benefit Act. In Labour Laws, it is clearly defined that no agreement, rule, or company policy can supersede the laws. If something is defined in law, it has to be complied with.
This behavior is not only illegal but unethical and goes against humanity. Instead, at this stage, your company should support you so that you can take the best care of your baby.
My wholehearted wishes are with you to overcome this difficult time. You can resign from the company as per the notice period only.
You have not mentioned the place and your period of service. If you have completed 5 years (including the period of Maternity Leave), you are entitled to gratuity as well.
Show your family the moral support and suggestions received from the thread. This will boost you up. Also, show this to your HR department, that there is a lot of expertise and moral support behind you to fight for your justice.
Since you have already received wages with leave for the period, don't pay back any amount. They can just hold your one month or so (around) salary.
Here, the more important point is to take care of your baby, find a suitable job, and resign from the company as per the notice period/your convenience only. The fight for your emoluments can be handled later on.
Good luck.
Best regards
From India, Delhi
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This behavior is not only illegal but unethical and goes against humanity. Instead, at this stage, your company should support you so that you can take the best care of your baby.
My wholehearted wishes are with you to overcome this difficult time. You can resign from the company as per the notice period only.
You have not mentioned the place and your period of service. If you have completed 5 years (including the period of Maternity Leave), you are entitled to gratuity as well.
Show your family the moral support and suggestions received from the thread. This will boost you up. Also, show this to your HR department, that there is a lot of expertise and moral support behind you to fight for your justice.
Since you have already received wages with leave for the period, don't pay back any amount. They can just hold your one month or so (around) salary.
Here, the more important point is to take care of your baby, find a suitable job, and resign from the company as per the notice period/your convenience only. The fight for your emoluments can be handled later on.
Good luck.
Best regards
From India, Delhi
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We have no details of your firm or your profile. However, my opinions in the circumstances are like this:
All our experts have pointed out how bad, in law, the stipulations of your company are regarding maternity leave. It's obvious that, as a young mother, you need to nurse the newborn and deserve all the comforts and compassion during these days. Exploiting your precarious situation by imposing unlawful terms and conditions is not acceptable in the eyes of the law. Your fears and anxiety about securing a decent job closer to your home, for which you need trouble-free release from this draconian company, are understood. Fear not these types of lawless companies and deal with them firmly. We are not living in an uncivilized society. The law is on our side, and there are mechanisms and machinery in place to protect us from illegitimate assaults on our rights.
I suggest that you issue a "show cause notice," a legal notice through your learned advocate, to nullify this unlawful clause. Failing that, they should face the consequences, including a hefty claim for damages causing unbearable misery and mental agony. You may even consider involving the intervention of "Women's Commission" representatives to strengthen your case, if necessary. Hopefully, better judgment will prevail in the top management of your company, and you can obtain a smooth release. In the meantime, you may seek a reliable alternative job. I hope your husband is always by your side. Looking ahead, why don't you name this firm so that those considering joining will be cautious, and such unlawful activities are exposed and completely curbed. All the best.
From India, Bangalore
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All our experts have pointed out how bad, in law, the stipulations of your company are regarding maternity leave. It's obvious that, as a young mother, you need to nurse the newborn and deserve all the comforts and compassion during these days. Exploiting your precarious situation by imposing unlawful terms and conditions is not acceptable in the eyes of the law. Your fears and anxiety about securing a decent job closer to your home, for which you need trouble-free release from this draconian company, are understood. Fear not these types of lawless companies and deal with them firmly. We are not living in an uncivilized society. The law is on our side, and there are mechanisms and machinery in place to protect us from illegitimate assaults on our rights.
I suggest that you issue a "show cause notice," a legal notice through your learned advocate, to nullify this unlawful clause. Failing that, they should face the consequences, including a hefty claim for damages causing unbearable misery and mental agony. You may even consider involving the intervention of "Women's Commission" representatives to strengthen your case, if necessary. Hopefully, better judgment will prevail in the top management of your company, and you can obtain a smooth release. In the meantime, you may seek a reliable alternative job. I hope your husband is always by your side. Looking ahead, why don't you name this firm so that those considering joining will be cautious, and such unlawful activities are exposed and completely curbed. All the best.
From India, Bangalore
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The suggestion by Loginmiraclelogistics to involve your Local Women's Commission seems quite realistic and effective. This step is more likely to be faster than just a legal approach. I suggest considering a combination of legal and Women's Commission steps seriously.
One advantage of the Women's Commission approach is that, going by the regular media reports, they are likely to highlight this company to the media. In the process, you would be doing a favor to other female employees (both in this and other companies in the vicinity) who could be in similar situations.
All the best.
Regards,
TS
From India, Hyderabad
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One advantage of the Women's Commission approach is that, going by the regular media reports, they are likely to highlight this company to the media. In the process, you would be doing a favor to other female employees (both in this and other companies in the vicinity) who could be in similar situations.
All the best.
Regards,
TS
From India, Hyderabad
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Hi all,
Thank you all for providing your valuable suggestions. I have one more query: If the company denies providing me with the relieving and other documents, I will not be able to join another company without those documents. What can I do in such a situation?
From India, New Delhi
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Thank you all for providing your valuable suggestions. I have one more query: If the company denies providing me with the relieving and other documents, I will not be able to join another company without those documents. What can I do in such a situation?
From India, New Delhi
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Hello Bhuvi,
While this is always a possibility, I suggest going one step at a time. Usually, when the legal and Women's Commission steps are involved, companies hesitate to stop the documents - they know the consequences. To be doubly sure, you may include the documents in your case.
All the Best.
Rgds, TS
From India, Hyderabad
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While this is always a possibility, I suggest going one step at a time. Usually, when the legal and Women's Commission steps are involved, companies hesitate to stop the documents - they know the consequences. To be doubly sure, you may include the documents in your case.
All the Best.
Rgds, TS
From India, Hyderabad
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Thanks LOGINMIRACLELOGISTICS, I have not resigned yet. I got a good job option with a 25% hike. However, due to the fear of paying back a lump sum amount, I did not accept that offer and am still looking for a job with a higher hike. Now, it seems like a better option to email here to remove their own clauses on ML act and simultaneously search for another job. Thanks again for your suggestion.
From India, New Delhi
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From India, New Delhi
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Maternity Leave Policy - posting.doc
Legal Compliance Plan.xls