Forced to resign after maternity leave

In my opinion, you should first ask them to give you a written demand for such resignation including all the reasons they tell you. After that consult an appropriate legal counsel and carefully analyse all the time-periods, grounds etc. they mention in their demand letter. Based on that, it can be established that your tenure of 9 years, which hadn't been deplored before or complained of, was now suddenly found inefficient for the last year, when you even received the bonus etc. for the same. 

Maternity act, in my knowledge, is mostly concerned with the period of 6 weeks after the delivery, that is the time of rest allotted to an employee. If during that period the employer had made such demands, you could have surely complained under the said act but if not, I am not entirely clear on the issue myself and would prefer to wait for a more informed suggestion on that front or would reccomend consultation with some local counsel.

Generate irrfutable evidence of demand of resignation (audio/visual/witnessed/minuted).

During Maternity benefit period employee can not be terminated.

Employee can resign anytime.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

Has employer paid maternity benefit for period before and after pregnancy delivery!

Forced resignation can be termed offence and also deemed termination.

However the onus to establish may fall on employee. generate irrfutable evidence.

There are many threads on maternity benefits and issues faced by woman employees that you can search in SEARCH option e,g;

https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

 https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

 https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX

https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU

https://www.lawyersclubindia.com/forum/Resignation-while-on-ml-149838.asp

https://www.lawyersclubindia.com/experts/Resignation-while-on-ml-641316.asp

Hope you are satisfied.

Yes i did get all maternity benefits.

Generate irrefutable evidence as already suggested.

Originally posted by : Kumar Doab
	Generate irrefutable evidence as already suggested.

Sir i have all the documents which prove my performance was always good. 

As already posted the Act prohibits termination of employment of woman empoyee during Maternity Benefit Period.

You are being asked to resign by your own accord and such act by you shall not be termination until or unless you have irrefutable evidence of demand/foce/coercion/intimidation for resignation.........

The onus to establish may fall upon you.

Originally posted by : Kumar Doab
	As already posted the Act prohibits termination of employment of woman empoyee during Maternity Benefit Period.	my

My maternity Leave got over in March first week, i.e. before new 6 month maternity leave period. I didnt get 6 months leave.What is considered as the Maternity benefit period. Ammendment does talk about nursing breaks, work from home after 6 months of Maternity leave but not clear till when these facilities will be extended.

Regret despite repeated and illustrated post you are posting as if you don't understand that you need to have irrefutable evidence that resignation was demanded from you...................

If false allegation of poor/downgraded/low perfromance is levelled then you can contest it with support of KRA's, performance parameters vis performance..............