Any employee availing maternity benefit, if resigns without joining back can we initiate any action on the same as the law is silent on this?
From India, New Delhi
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4From India, New Delhi
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Hi, if the employee does not resume work after the end of the maternity period and decides to submit a resignation, she is required to serve the proper notice period or make a payment in lieu of the notice period. You can advise the employee to serve the proper notice period.
From India, Madras
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From India, Madras
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Hi, Added to the above during the Maternity leave period ( which is 182 days) you cannot initiate any legal action or can’t force to serve notice period.
From India, Madras
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From India, Madras
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Thanks for the reply , during maternity no action is taken , it is after the due period the employee denying pretending that organization is shifting her unit so she is resigning
From India, New Delhi
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From India, New Delhi
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Hi, understood. It is very common for many employees to submit their resignation or express unwillingness to continue after the completion of the maternity leave period. In this case, she can be advised to submit a one-month notice or pay. If the employee is reluctant, then the same can be recovered from the FFS payable to her after mutual discussion.
From India, Madras
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From India, Madras
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Withdrawl of Resignation and Notice period.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf