Dear Colleagues,
The woman employee has made up her mind not to work anymore, it seems.
The MB is availed by her, you can not do anything on it.
You can not tell her officially to resign.
You can take disciplinary action against her by following due process of law.
I feel, if SCN (stern) is issued to her probably she may come forward to resign.
You are free to take disciplinary action after SCN, by following due process of law.
My question to HR fraternity, why we find many a time the employees quitting the job with out rendering resignation? Why they run away like it?
From India, Mumbai
2556The woman employee has made up her mind not to work anymore, it seems.
The MB is availed by her, you can not do anything on it.
You can not tell her officially to resign.
You can take disciplinary action against her by following due process of law.
I feel, if SCN (stern) is issued to her probably she may come forward to resign.
You are free to take disciplinary action after SCN, by following due process of law.
My question to HR fraternity, why we find many a time the employees quitting the job with out rendering resignation? Why they run away like it?
From India, Mumbai
Dear Mr Keshav,
Many a time employee may not be having a good feeling towards company, but working due to financial needs.
Blade cuts both ways and employee is looking to leave after availing all facilities and payments.
Point which needs consideration is whether employer is being a good employer and giving a happy atmosphere.
Are the contentions in Post 8 correct in this case where in I adviced taking action for termination as per law.
From India, Pune
Many a time employee may not be having a good feeling towards company, but working due to financial needs.
Blade cuts both ways and employee is looking to leave after availing all facilities and payments.
Point which needs consideration is whether employer is being a good employer and giving a happy atmosphere.
Are the contentions in Post 8 correct in this case where in I adviced taking action for termination as per law.
From India, Pune
May i ask : is there a way she can be asked to pay back her maternity leave salary, irrespective of the method used in resignation?
From India, Gurgaon
From India, Gurgaon
Dear Nilofar0101,
Why you want the woman employee should pay back the salary that she got during the maternity leave? What is the logic?
Are you from HR? Whose brainchild is this, yours or management's?
Thanks,
Dinesh Divekar
From India, Bangalore
Why you want the woman employee should pay back the salary that she got during the maternity leave? What is the logic?
Are you from HR? Whose brainchild is this, yours or management's?
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Dinesh,
The case in consideration is similar to one I know of, wherein, the woman is unable to resign after joining back from maternity leave, for the fear that she might have to return the salary received during those 6 months. She has not signed any bond for this, but a general policy document on her company's web page states that women employees will be asked to return the 6 months' pay if they resign within 1 year of availing maternity benefits.
This is the reason I asked.
I too think such a clause cannot be held up by law is outright wrong. I wanted to know what everyone here thought about that. Can the employer demand the salary back?
Thank you for your patience
From India, Gurgaon
The case in consideration is similar to one I know of, wherein, the woman is unable to resign after joining back from maternity leave, for the fear that she might have to return the salary received during those 6 months. She has not signed any bond for this, but a general policy document on her company's web page states that women employees will be asked to return the 6 months' pay if they resign within 1 year of availing maternity benefits.
This is the reason I asked.
I too think such a clause cannot be held up by law is outright wrong. I wanted to know what everyone here thought about that. Can the employer demand the salary back?
Thank you for your patience
From India, Gurgaon
Dear Nilofar,
You have written that "but a general policy document on her company's web page states that women employees will be asked to return the 6 months' pay if they resign within 1 year of availing maternity benefits".
The policy designed is grossly again Maternity Benefit Act. Asking woman employee to refund the salary paid during maternity leave is ridiculous. No company can make rules or regulations that override the constitution of India.
Tell HR not to make any rules against the labour laws. If they do not listen to you then tell them to come on this forum of HR fraternity and prove how their position is legally tenable. If they do not wish to do that then the last resort is to approach the labour office. You may bring this clause to the notice of labour authorities to strike down this clause.
Thanks,
Dinesh Divekar
From India, Bangalore
You have written that "but a general policy document on her company's web page states that women employees will be asked to return the 6 months' pay if they resign within 1 year of availing maternity benefits".
The policy designed is grossly again Maternity Benefit Act. Asking woman employee to refund the salary paid during maternity leave is ridiculous. No company can make rules or regulations that override the constitution of India.
Tell HR not to make any rules against the labour laws. If they do not listen to you then tell them to come on this forum of HR fraternity and prove how their position is legally tenable. If they do not wish to do that then the last resort is to approach the labour office. You may bring this clause to the notice of labour authorities to strike down this clause.
Thanks,
Dinesh Divekar
From India, Bangalore
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Employee Appraisal Form new.doc