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Pink   07 July 2017

Forced to resign after maternity leave

Dear Friends

I am here to get better opinion on my case from the legal point of view.

I am working with a MNC since last 9 years, Early may i joined work post my maternity leave.

Since last 2 weeks i am being forced to put in my resignation and look for a job in next 3 months.

The reason i got from management is that i had performed poorly during last year and have not contributed to business.

Note worthy is that till today i have never received any communication on this topic. All these years including last year i have always got decent increments, bonus, appreciations.

I need to know, can i file my case  in accordance with maternity act.

Or any other guidance/information  that you all can share with me regarding this issue

 

 



Learning

 19 Replies

Arjun Kohli   07 July 2017

In my opinion, you should first ask them to give you a written demand for such resignation including all the reasons they tell you. After that consult an appropriate legal counsel and carefully analyse all the time-periods, grounds etc. they mention in their demand letter. Based on that, it can be established that your tenure of 9 years, which hadn't been deplored before or complained of, was now suddenly found inefficient for the last year, when you even received the bonus etc. for the same. 

Maternity act, in my knowledge, is mostly concerned with the period of 6 weeks after the delivery, that is the time of rest allotted to an employee. If during that period the employer had made such demands, you could have surely complained under the said act but if not, I am not entirely clear on the issue myself and would prefer to wait for a more informed suggestion on that front or would reccomend consultation with some local counsel.

Kumar Doab (FIN)     07 July 2017

Generate irrfutable evidence of demand of resignation (audio/visual/witnessed/minuted).

During Maternity benefit period employee can not be terminated.

Employee can resign anytime.

Kumar Doab (FIN)     07 July 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

 

Kumar Doab (FIN)     07 July 2017

Has employer paid maternity benefit for period before and after pregnancy delivery!

Kumar Doab (FIN)     09 July 2017

Hope you are satisfied.

Pink   11 July 2017

Yes i did get all maternity benefits.

Kumar Doab (FIN)     11 July 2017

Generate irrefutable evidence as already suggested.

Pink   11 July 2017

Originally posted by : Kumar Doab

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?   ITs a MNC dealing in Infrastructure projects

What is its nature of business say; IT, ITeS? NON IT

How many persons are employed in it? 150

What is your designation and nature of duties? I work as a Manager Business Development

How many persons report to you? NONE

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? Leaves YES/ Rest NO

You are in which state? Since how many months you are working? Presently working since last 2 months

Do standing orders (model/certified) apply to establishment and your designation? i didnt understand this.

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you? 3 Months, infact i have been asked to resign & look for job in these three months only.

Was ever any stinker, memo, show cause notice on any misconduct issued to you? NEVER EVER in last 9 year, not even a verbal notice of poor performance. Infact i am oneof the hightest performers company used to claim.

Are you a member of employee’s/trade unions? NO, we dont have any such union etc in my organisation

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,? YES

 

Will this detail help you to guide me in a better position. Have gome through all other threads but it of not much concern to me.

My question is can a employer terminate or force an employee to resign based on false claim of performance issue during pregnancy & maternity.

I have all documents to prove, my performance was always appreciated and i didnt get any intimation ofpoor performance in theseyears.

 

 

Pink   11 July 2017

Originally posted by : Kumar Doab
Generate irrefutable evidence as already suggested.

Sir i have all the documents which prove my performance was always good. 

 

Kumar Doab (FIN)     11 July 2017

As already posted the Act prohibits termination of employment of woman empoyee during Maternity Benefit Period.

 

Kumar Doab (FIN)     11 July 2017

You are being asked to resign by your own accord and such act by you shall not be termination until or unless you have irrefutable evidence of demand/foce/coercion/intimidation for resignation.........

 

The onus to establish may fall upon you.

Pink   11 July 2017

Originally posted by : Kumar Doab
As already posted the Act prohibits termination of employment of woman empoyee during Maternity Benefit Period.

 
my 

My maternity Leave got over in March first week, i.e. before new 6 month maternity leave period. I didnt get 6 months leave.What is considered as the Maternity benefit period. Ammendment does talk about nursing breaks, work from home after 6 months of Maternity leave but not clear till when these facilities will be extended.

Kumar Doab (FIN)     11 July 2017

Regret despite repeated and illustrated post you are posting as if you don't understand that you need to have irrefutable evidence that resignation was demanded from you...................

 

If false allegation of poor/downgraded/low perfromance is levelled then you can contest it with support of KRA's, performance parameters vis performance..............

 

 


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