Hi all,
I need some legal advice.
Sector - healthcare
An employee worked for, let's say, 2 years. For migrating to another country, we have to count the number of work hours the employee had with us and inform the new employer abroad through a reference form. The employee had 6 months of maternity leave during her service, and this was already mentioned in the employment certificate provided to her. Moreover, this employee already submitted a copy of this to the prospective employer. Now, the employee wants the maternity leave hours also to be included in her work hours. Our management is hesitant to do this as it could turn out to be a fraudulent act.
Could you please let me know your thoughts and legal aspects? (Humanitarian aspects can stay put.)
Thanks
From India, Ernakulam
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I need some legal advice.
Sector - healthcare
An employee worked for, let's say, 2 years. For migrating to another country, we have to count the number of work hours the employee had with us and inform the new employer abroad through a reference form. The employee had 6 months of maternity leave during her service, and this was already mentioned in the employment certificate provided to her. Moreover, this employee already submitted a copy of this to the prospective employer. Now, the employee wants the maternity leave hours also to be included in her work hours. Our management is hesitant to do this as it could turn out to be a fraudulent act.
Could you please let me know your thoughts and legal aspects? (Humanitarian aspects can stay put.)
Thanks
From India, Ernakulam
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Hi,
Normally, in an experience certificate or employment certificate, only the tenure of employment will be mentioned, and not details about maternity leave or any other breaks. However, as it is already stated in the employment certificate and the employee has already submitted a copy to her future employer, it would not be advisable to include maternity leave hours along with her actual work hours. Doing so would increase the average work hours for 1.5 years when calculated on a daily basis, excluding weekends. Being a female employee, this could lead to unwanted issues, and it would be wise to stick to the actual work hours.
From India, Madras
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1153Normally, in an experience certificate or employment certificate, only the tenure of employment will be mentioned, and not details about maternity leave or any other breaks. However, as it is already stated in the employment certificate and the employee has already submitted a copy to her future employer, it would not be advisable to include maternity leave hours along with her actual work hours. Doing so would increase the average work hours for 1.5 years when calculated on a daily basis, excluding weekends. Being a female employee, this could lead to unwanted issues, and it would be wise to stick to the actual work hours.
From India, Madras
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf