Regarding Termination

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Hello, Thank you for reaching out. Based on the facts shared, this is a legally sensitive employment matter, particularly because it involves an employee returning from maternity leave, which is protected under Indian law. At a broad level, termination immediately upon or around rejoining after maternity leave, on the ground that the role has changed / evolved / become redundant, may carry significant legal risk if not handled very carefully. Key legal concern: If the action appears to be connected, directly or indirectly, to the employee’s maternity absence, it may be challenged as unlawful, discriminatory, or retaliatory in nature. In such cases, the legal assessment usually depends on: - the employee’s appointment letter / role definition - whether there has been a genuine restructuring - whether the earlier role has actually ceased to exist - whether a suitable alternative role was explored - whether there is any performance issue or this is purely a role/business restructuring matter - internal records / emails / management decision trail - the employee’s tenure and employment terms Important practical point: Even if the company is willing to pay severance, that alone does not automatically make the termination legally safe, especially in a maternity-related context. Safer legal approach usually requires review of: 1. Employment contract / appointment letter 2. HR policies / maternity policy 3. Organisation chart (before and after restructuring) 4. Role comparison of old vs current finance function 5. Internal communication / business rationale 6. Proposed severance / separation structure Depending on the facts, the matter may need to be handled through a carefully structured role review / redeployment / separation strategy, rather than a direct termination approach. I am an Advocate based in Surat,My contact 79 84 51 34 51 and I can assist in reviewing the legal risk, documents, and possible course of action. If convenient, you may call or arrange a meeting, and I will be glad to discuss the matter in detail. Thank you.

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As per the new law under maternity act women employees are entitled to return to their original or equivalent role without any loss in pay and seniority and the employer cannot discriminate and has to reinstate her in her original role /post

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