Hi, if the company is unable to pay maternity benefits. Is that advisable, if the company advises its women employee to resign the job for maternity period and join again after 3 or 6 months as an new employee? Will that be ok?
2 Likes
Hi Chitra,
This is not a recommended practice and may constitute an act contravening the provisions of law.
The maternity benefits is a beneficial piece of law to ensure women employment, balancing their physical and mental welfare during pregnancy. The law expressly prohibits terminating a pregnant woman from employment during her pregnancy to prevent the employer escaping from passing the benefits to her.
A defense of re-employment is quite weak before the statutory authorities or court for the reasons that: (i) the employer terminated or compelled the pregnant employee to quit the employment to avoid providing her with maternity benefits (a clear violation of law), (ii) intentionally broke the continuity of service as well.
Regards,
Bhuvana Anand
3 Likes
NO it is never recommend to do so
2 Likes
What will will maternity benefit pay to the employee . Can anyone tel.
- Materinity Period as per Karnataka Act
- Salary to be paid during maternity leave- Is it on Basic / Full Salary
- Can employee resign immediately after maternity leave
- From when can employee take maternity leave
Regards,
Durga Devi .K
GM- HR & Finance
Hand Phone: +91 7338467029
“Action is the foundational key to all success.”
2 Likes
The employee is entitled to refuse to resign.
2 Likes
No, it is not at all acceptable …
2 Likes