Legal Question in Employment Law in India

can the employer force for payment for resigning after using maternity leave

hello, i am asking this question for my sister. she works with a software firm in hyderabad. she has 2 daughters and recently had availed 2 months of paid maternity leave and 4 months of unpaid leave. she joined back the work in october after using up her leave, however she finds that its difficult to juggle work with family responsibilities on top of a medical emergency in the family. hence she is planning to resign and take a break from work. she has been made aware of a company policy that she would have to pay the company 3.5 to 4 lakh rupees in case she resigns within a year of joining after using maternity leave. for us, this kind of clause looks inhuman. i would like to know if this policy is legally valid? what can we do if the company is forcing my sister to pay? thanks in advance.


Asked on 12/04/14, 1:14 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.12.2014

Dear Sir / Madam,

No. The Company's stance in asking your sister to pay any money is illegal. All your sister needs to do is in view of family responsibilities, submit her resignation to the Company and serve the notice period as specified in her Appointment Letter and ask the Company to settle her dues on the last working date in the Company.

Regards,

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Answered on 12/04/14, 4:16 am


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