Dear seniors,
Need your valuable advice
One of our employee is on Maternity leave (we have given her the maternity benefits under ESIC), we have appointed a new person in her absence on contract.
Now we want to appoint the new person on permanent basis in place of the old employee who is on maternity leave.
I want to know if it is legally allowed, if we terminate the services of the lady once she joins back office after her maternity leave by giving her 30 days notice / salary in lieu of notice.
From India, Mumbai
2Need your valuable advice
One of our employee is on Maternity leave (we have given her the maternity benefits under ESIC), we have appointed a new person in her absence on contract.
Now we want to appoint the new person on permanent basis in place of the old employee who is on maternity leave.
I want to know if it is legally allowed, if we terminate the services of the lady once she joins back office after her maternity leave by giving her 30 days notice / salary in lieu of notice.
From India, Mumbai
Advice to read Maternity Benefits Act 1961.
Extract for info:
Dismissal during absence of pregnancy,
12. Dismissal during absence of pregnancy,.- (1) When a woman
absents herself from work in accordance with the provisions of this
Act, it shall be unlawful for her employer to discharge or dismiss her
during or on account of such absence or to give notice of discharge or
dismissal on such a day that the notice will expire during such
absence, or to vary to her disadvantage any of the conditions of her
service.
(2) (a) The discharge or dismissal of a woman at any time during
her pregnancy, if the woman but for such discharge or dismissal would
have been entitled to maternity benefit or medical bonus referred to
in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:
Now the intention to terminate the employee by giving 30 days notice/salary i/l of notice may be legal but ethics of such action need to be considered.
Is the lady not working satisfactorily?
Has she been warned/counselled in writing or even verbally before and if so what is the result there of.
One must not treat employees as a disposable commodity.
From India, Pune
Extract for info:
Dismissal during absence of pregnancy,
12. Dismissal during absence of pregnancy,.- (1) When a woman
absents herself from work in accordance with the provisions of this
Act, it shall be unlawful for her employer to discharge or dismiss her
during or on account of such absence or to give notice of discharge or
dismissal on such a day that the notice will expire during such
absence, or to vary to her disadvantage any of the conditions of her
service.
(2) (a) The discharge or dismissal of a woman at any time during
her pregnancy, if the woman but for such discharge or dismissal would
have been entitled to maternity benefit or medical bonus referred to
in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:
Now the intention to terminate the employee by giving 30 days notice/salary i/l of notice may be legal but ethics of such action need to be considered.
Is the lady not working satisfactorily?
Has she been warned/counselled in writing or even verbally before and if so what is the result there of.
One must not treat employees as a disposable commodity.
From India, Pune
Glenn, I completely agree with Mr. Nathrao - it is illegal to do so. Please advise your management that there are legal repercussions if you proceed down this path. Regards,
From India, Mumbai
From India, Mumbai
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