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Vijaya Murthy   05 March 2024

Asking a female employee to resign after she has joined back from maternity leave


Can we ask a female employee to involuntarily resign after she has joined back from Maternity leave? She will be given a full notice period. The reason to ask her to leave would be that the company is not performing well.





 4 Replies

P. Venu (Advocate)     05 March 2024

In the situation of the company not doing well and reduction of workforce is unavoidable, the principle of last to come, first to go shall apply. Other aspects are irrelevant.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     05 March 2024

What are the terms and conditions of your company at the time of issuing appointment orders?

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

Resignation should be voluntary. If forced, it amounts to illegal termination.

No employee can be forced to resign anytime.

That apart, under the Maternity Benefit Act, it is not permissible to terminate an employee when she is enjoying the maternity benefit.

If the matter is taken to court and you have sufficient proof that you have been forced to resign, then such forced resignation will be treated as wrongful termination.

Sudhir Kumar, Advocate (Advocate)     07 March 2024

The query itself smacks of malafide proposal.

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