Being asked to resign or facing a layoff during your maternity leave in India is not just unfair—it is an illegal act that violates your protected rights. This comprehensive guide, updated for July 2025, is designed for employees, particularly in the IT sector, who are being pressured while “on the bench” or in similar situations.
We will break down the powerful legal protections you have under the Maternity Benefit Act, explain the immediate, critical steps you must take to secure your job, and show you how to build an unshakeable case against your employer. Do not resign; read this first.
Forced to Resign
on Maternity Leave?
You have powerful legal protections. Understand your rights and learn the exact steps to take when your employer acts illegally.
Being asked to resign while on maternity leave is not just unfair—it's a direct violation of Indian law, which provides a powerful shield for new mothers to ensure their job security during this critical time. This guide, based on a real-life scenario, will break down the complex legal landscape into simple, actionable steps. We'll explore your rights, expose common employer tactics, and show you how to build an unshakeable legal case.
The situation is clear: an employee on her sixth month of maternity leave is told that others "on the bench" are being asked to resign. This is a classic case of an employer trying to bypass the law. Let's dissect why this is illegal and what you must do.
Your Legal Fortress
An Unbeatable Defence Built on Three Pillars of Law
The Maternity Benefit Act, 1961
Provides an absolute, non-negotiable ban on dismissing a woman during her maternity leave. This is your primary shield.
The Industrial Disputes Act, 1947
Defines forced resignation as illegal retrenchment and mandates strict procedures (notice, compensation) which employers try to skip.
The Indian Contract Act, 1872
Makes any agreement (like a resignation letter) signed under coercion or duress legally voidable at your option.
More Than a Rule: The "Spirit of the Law"
The Maternity Benefit Act isn't just about leave. It's a code to protect the dignity of motherhood and ensure economic security. Job security via Section 12 is the **keystone** of this protection. Without it, all other benefits are meaningless. An attempt to force your resignation isn't just a technical violation; it's an attack on the very spirit of this protective law. Courts recognize this and take a very dim view of employers who undermine it.
The Two Paths
A Clear Choice Between Resigning and Fighting Back
| Aspect | If You Resign | If You Refuse & Fight Back |
|---|---|---|
| Immediate Outcome | Job loss, loss of income, end of maternity benefits. | Job is preserved, salary and benefits continue. |
| Legal Standing | Severely weakened. You must prove you were forced, shifting the burden to you. | Extremely strong. The burden is on the employer to justify their illegal act. |
| Employer's Liability | Employer avoids immediate liability, hoping you won't pursue legal action. | Employer faces immediate legal risk, including penalties, fines, and even imprisonment. |
| Potential Remedy | A difficult, uphill legal battle to prove forced resignation. | Reinstatement with full back wages, continuity of service, and compensation for harassment. |
| Your Message | Validates the employer's illegal pressure tactic. | Holds the employer accountable to the law and protects your rights. |
Know Your Rights: Interactive Guide
Select the issue you're facing to see the specific legal protection that applies.
Employer Violations: A Rising Concern
*Data is illustrative and based on trends in labor disputes.
Your Step-by-Step Strategic Action Plan
Your Evidence Arsenal: A Checklist
A strong case is built on solid evidence. Start gathering these documents immediately.
- Appointment Letter & Employment Contract
- Company HR Policy Manual
- Maternity Leave Application & Approval Email
- Salary Slips for the last 12 months
- Saved copies of ALL emails/messages with HR
- A personal log of all verbal conversations
The Law in Action: How Courts Protect You
Case Law: Forced Resignation is Termination
Indian courts have repeatedly held that a resignation obtained under duress is not voluntary and should be treated as an illegal termination. The focus is not on the resignation letter, but on the circumstances that led to it.
Case Law: Special Law Prevails
It is a settled legal principle that the Maternity Benefit Act will override general employment laws. This means even a valid reason for retrenchment is not a defence for an employer if the employee is on maternity leave.
Frequently Asked Questions
What if they stop my salary?
Withholding salary during approved maternity leave is illegal. You can file a complaint with the Inspector under the MBA, who has the power to order the immediate payment of all withheld dues.
Can they change my role when I return?
No. Section 12 of the MBA prohibits varying your service conditions to your disadvantage. You must be reinstated to your original role or an equivalent one with the same pay, status, and responsibilities.
What if I am on a contract?
The MBA's protections apply regardless of whether you are a permanent or contractual employee, as long as you meet the eligibility criteria (80 days of work in the preceding 12 months). The nature of your contract does not diminish your statutory rights.
Don't Face This Alone
Your rights are protected by law, but navigating the legal system can be daunting. The team at Evaakil.com is here to provide expert guidance and representation.
Schedule a Free Consultation
