Hi, I work for an MNC in Gurgaon. I have recently returned from my paid maternity leave. My question is this: If I were to resign now (I now feel I am unable to handle work and home), am I required by law to pay back my 6-month maternity leave pay? Can my firm impose this clause on me now?
I have not signed any bond/document. However, there is a generic policy document on the firm's website that states I will have to return my maternity pay if I resign within a year of joining. I wish to know if this can be upheld by law if challenged?
From India, Gurgaon
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3I have not signed any bond/document. However, there is a generic policy document on the firm's website that states I will have to return my maternity pay if I resign within a year of joining. I wish to know if this can be upheld by law if challenged?
From India, Gurgaon
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An Act to regulate the employment of women in certain establishments for a certain period before and after childbirth and to provide for maternity benefits and certain other benefits.
In my opinion, I do not think a company can make a rule of returning the maternity benefit received, and if imposed, it can be challenged.
From India, Madras
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In my opinion, I do not think a company can make a rule of returning the maternity benefit received, and if imposed, it can be challenged.
From India, Madras
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Dear Ms. Nilofer,
No policy or rules of an organization, whether it belongs to the public or private sector, can override the provisions of any statute passed by the Parliament or a State Legislative Assembly. The Maternity Benefit Act, 1961, is a protective and beneficial legislation to ensure the employment rights and benefits of women employees during the prenatal and post-maternity phases in consonance with the Directive Principles of State Policy as set out in Art. 39 and in other Articles, especially Art. 42 of the Constitution of India. Therefore, such a legal benefit granted to a woman employee because of her pregnancy cannot be revoked because of the termination of her employment for whatever reason afterwards.
Therefore, you need not pay back the amount of maternity benefit you received.
From India, Salem
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No policy or rules of an organization, whether it belongs to the public or private sector, can override the provisions of any statute passed by the Parliament or a State Legislative Assembly. The Maternity Benefit Act, 1961, is a protective and beneficial legislation to ensure the employment rights and benefits of women employees during the prenatal and post-maternity phases in consonance with the Directive Principles of State Policy as set out in Art. 39 and in other Articles, especially Art. 42 of the Constitution of India. Therefore, such a legal benefit granted to a woman employee because of her pregnancy cannot be revoked because of the termination of her employment for whatever reason afterwards.
Therefore, you need not pay back the amount of maternity benefit you received.
From India, Salem
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My suggestion is that you should join for 1-2 months or 15-20 days and then resign, stating that it is difficult for you to manage your office and home properly. This will save you from such confusion.
Regards
From India, Patna
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Regards
From India, Patna
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Dear sir,
I would like to start a housekeeping service providing company. Before starting the company, what licenses need to be obtained from the government sector, and what statutory documents are required to be submitted to the government? Kindly advise me and provide your guidance regarding this.
Thanking you,
With warm regards,
From India, Mumbai
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I would like to start a housekeeping service providing company. Before starting the company, what licenses need to be obtained from the government sector, and what statutory documents are required to be submitted to the government? Kindly advise me and provide your guidance regarding this.
Thanking you,
With warm regards,
From India, Mumbai
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Dear sir,
I would like to start a Housekeeping service providing company. Before starting the company, what are the licenses to be taken from the government sector and statutory documents I am required to submit to the government? Kindly advise me and I need your guidance regarding this.
Thanking you,
Chamunda Services
From India, Mumbai
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I would like to start a Housekeeping service providing company. Before starting the company, what are the licenses to be taken from the government sector and statutory documents I am required to submit to the government? Kindly advise me and I need your guidance regarding this.
Thanking you,
Chamunda Services
From India, Mumbai
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A rather simple answer to your query - Nope. There is no provision under the law that your employer can demand the benefits (cash or kind) paid to you on account of maternity under the provisions of the Maternity Benefit Act.
However, consider the flipside - if the employer has extended all the benefits to you as per the mentioned act, and now you would want to quit. To deter employees from doing so, they may mention it in the policy. However, there is no provision under the law to demand the benefits back.
From India, Delhi
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However, consider the flipside - if the employer has extended all the benefits to you as per the mentioned act, and now you would want to quit. To deter employees from doing so, they may mention it in the policy. However, there is no provision under the law to demand the benefits back.
From India, Delhi
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Maternity benefits are granted by law for women's empowerment and welfare. Firms pay such benefits to entitled employees, but for them, it is like paying 6 months' wages without working and adds to their costs. While no law can stop you from leaving without any fear of having to repay anything to the firm, it should be borne in mind that such actions affect working women at large. Many firms decline to hire women employees because of these additional costs.
Ideally, you should work and then, after a few months, leave if the situation demands. Specifically to your query - the generic directive about the repayment of maternity benefits holds no water and is in violation of existing laws.
Source: [Economic Times](https://economictimes.indiatimes.com/jobs/startups-smes-reluctant-to-hire-women-after-improved-maternity-leave/articleshow/64372836.cms)
From India, Pune
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Ideally, you should work and then, after a few months, leave if the situation demands. Specifically to your query - the generic directive about the repayment of maternity benefits holds no water and is in violation of existing laws.
Source: [Economic Times](https://economictimes.indiatimes.com/jobs/startups-smes-reluctant-to-hire-women-after-improved-maternity-leave/articleshow/64372836.cms)
From India, Pune
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Hi Nilofar,
Laws passed by the Indian Parliament are supreme. No firm or organization can override them. Therefore, any monetary benefit granted to a woman employee because of her pregnancy cannot be taken back due to the termination of her employment from either side.
So, paying back the amount of maternity benefit you received is ruled out.
Regards,
Dinesh
From India, Hyderabad
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Laws passed by the Indian Parliament are supreme. No firm or organization can override them. Therefore, any monetary benefit granted to a woman employee because of her pregnancy cannot be taken back due to the termination of her employment from either side.
So, paying back the amount of maternity benefit you received is ruled out.
Regards,
Dinesh
From India, Hyderabad
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The company should technically withdraw its anti-social statement of recovering maternity benefits extended to an employee that is mandated by law and apologize to the employee for a casual attitude towards the law.
If the company has recovered such amounts from its employees, the monies recovered should be returned with interest to its former employees.
From India, Mumbai
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If the company has recovered such amounts from its employees, the monies recovered should be returned with interest to its former employees.
From India, Mumbai
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