I was terminated due to job abandonment after my maternity leave, as my kid was sick and hospitalized I was unable to attend HR calls. Later on discharge, I called HR and learned about termination the very next day. Paid my dues and collected a service letter. Now I have 2 questions
1. Will this termination due to job abandonment affect my career showing in BGV when I do a switchover (currently I am in a second organization for more than 2 years)
2. How can I request the previous organization to make this as normal relieving ( I already submitted medical proof, but still they have it as job abandonment though they released their service letter after due payment)
From India, Chennai
1. Will this termination due to job abandonment affect my career showing in BGV when I do a switchover (currently I am in a second organization for more than 2 years)
2. How can I request the previous organization to make this as normal relieving ( I already submitted medical proof, but still they have it as job abandonment though they released their service letter after due payment)
From India, Chennai
The reply to your queries are as follows:
1. It is not likely to affect you as you have since then worked in another organisation for nearly two years. It depends on the quality of your experience in the present organisation and how far it is useful to the new organisation.
2. It is not likely that they would review and amend the order as it is more than two years old. In case they remove the cause as abandonment, then what would be the reason for termination of your service? Are you prepared to resign? if so, make that offer too. Anyhow, there is no problem in approaching them for it.
From India, Mumbai
15341. It is not likely to affect you as you have since then worked in another organisation for nearly two years. It depends on the quality of your experience in the present organisation and how far it is useful to the new organisation.
2. It is not likely that they would review and amend the order as it is more than two years old. In case they remove the cause as abandonment, then what would be the reason for termination of your service? Are you prepared to resign? if so, make that offer too. Anyhow, there is no problem in approaching them for it.
From India, Mumbai
thanks a lot for your answer..I have a question , in future also if I do switch,will bgv show this termination due to job abandonment .?
And to answer your question, yes I was ready to quit not for an offer but to take care of my kids. After 3 and half years career gap only I joined my second org .As I was in Maternity leave and not billable, there is no business impact. I have been submitting my medical certificate in maternity properly. In the last month of maternity my situation was unmanageable .
From India, Chennai
And to answer your question, yes I was ready to quit not for an offer but to take care of my kids. After 3 and half years career gap only I joined my second org .As I was in Maternity leave and not billable, there is no business impact. I have been submitting my medical certificate in maternity properly. In the last month of maternity my situation was unmanageable .
From India, Chennai
It is against the provisions of the Maternity Benefit Act 1961 to terminate services while being on maternity leave. Anyhow, it is a past story, more than five years old. So at this point, there does not appear to be a strong chance that your previous organisation will take a U-turn and agree to your request. As a result of presumed abandonment, it is most likely to be only shown that you were terminated from service by the previous organisation in the BGV process. But you be prepared to show with evidence the compelling circumstances which led to it.
From India, Mumbai
From India, Mumbai
I have got back to my previous company to make this termination due to job abandonment as normal resignation. But no reply still.
Now one question here termination happened after my maternity leave ended (exactly after 10 days of my maternity leave). So will this Maternity Benefit Act 1961 (not to terminate services while being on maternity leave.) is it still applicable.
From India, Chennai
Now one question here termination happened after my maternity leave ended (exactly after 10 days of my maternity leave). So will this Maternity Benefit Act 1961 (not to terminate services while being on maternity leave.) is it still applicable.
From India, Chennai
There are two aspects to the issue you raising now:
1. For any illness arising from childbirth, the employee concerned is allowed one more month's leave after exhausting the maternity leave. You were eligible as you had to remain on leave after exhausting the medical leave. But now that claim will not survive.
2. Section 12(1) of the MB Act makes it clear and candid that the employer cannot dismiss or discharge an employee on account of the maternity leave being availed by the employee. This has happened in this case. But the Act also lays down a limitation of 60 days for approaching the higher authority which obviously is over. But you can use this as a bargaining point.
From India, Mumbai
1. For any illness arising from childbirth, the employee concerned is allowed one more month's leave after exhausting the maternity leave. You were eligible as you had to remain on leave after exhausting the medical leave. But now that claim will not survive.
2. Section 12(1) of the MB Act makes it clear and candid that the employer cannot dismiss or discharge an employee on account of the maternity leave being availed by the employee. This has happened in this case. But the Act also lays down a limitation of 60 days for approaching the higher authority which obviously is over. But you can use this as a bargaining point.
From India, Mumbai
Thanks for your quick reply. But I cannot catch up some legal points here so before approaching them wanted to clarify with you for my better understanding.
From the organization side they told I did not report back or contact HR after my maternity leave got exhausted. And that is reason for terminating me on ground of job abandonment
Can I use MB Act here to revoke termination.
From India, Chennai
From the organization side they told I did not report back or contact HR after my maternity leave got exhausted. And that is reason for terminating me on ground of job abandonment
Can I use MB Act here to revoke termination.
From India, Chennai
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