Community › Forums › Legal Advice India › Wfh revoked after maternity leave
- This topic has 10 replies, 11 voices, and was last updated 1 year, 5 months ago by
User_2f0b4085.
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UUser_ff610cd6
PARTICIPANT
January 25, 2025 at 1:20 pmI am a software engineer working as a remote senior analyst in a company with 8+ years experience. Joined the company in 2022 confirming the job would be a permanent work from home job. I clearly mentioned to them while joining that my husband lives in a place which is not the office location and have business there , so I won’t be able to relocate to the office location and I need PERMANENT wfh. At the time of joining, they confirmed that my request to work permanently from Home is approved and I have mail confirmation from the HR. Fast forward to last year, I went on 6 months maternity leave. Jan 28th is my joining date after maternity leave. Last week when I contacted the HR about my rejoining , they are asking me to come to office in hybrid mode, (3 days a week) . I don’t have any family at the office location . I don’t live there and have no one to take care of my baby. My baby is 5 months old and cannot be taken to office crèche, as she is too small. Only kids above 1 year are allowed there. Gave 2.5 years of my hard-work to the office but still they are not considering giving wfh. So many other people are comfortably working from home in the same office , they are targeting only the people who are coming back from maternity leave.
Talked with manager, he said he won’t be able to help . Hr is telling you have to come to office otherwise resign. I have no other way than resigning as I won’t be able to work from office. Any advice should I move this legally or let go of the job and find another job. -
UUser_5f546476
PARTICIPANT
January 25, 2025 at 1:23 pmI think company can change their policy anytime regarding this so you cannot fight them here . But let us see if anyone else has any other suggestion as well! -
UUser_08d45025
PARTICIPANT
January 25, 2025 at 1:28 pmMy suggestion would be to resign( basically instead of laying you off – they want you to do it yourself ) – search for new job and after FNF – name shame the company on LinkedIn ! -
UUser_e4200785
PARTICIPANT
January 25, 2025 at 1:31 pmI learnt this concept in one of my classes recently. In such cases, the company wants to downsize and doesn’t want to say severance packages. So they change the policies. In most scenarios there is no documentation of such an agreement that it would be a permanent work from home scenario. So the employees resort to quitting saving the company costs.
I am still learning but this was the exact instance quoted by our professor.-
UUser_2f0b4085
PARTICIPANT
January 25, 2025 at 4:39 pmAmazon is doing this. 5 days RTO. Goal is get people to leave.
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IIndianlion6189
PARTICIPANT
January 25, 2025 at 1:41 pmCheck the mail where HR confirmed permanent WFH, check the wording whether it mentions that it can change later.If it says it, not much you can do. However, in the off chance it’s not there, forward it to your HR and just say that you will keep working from home.
Whatever they try to make you do afterwards, no matter what they say, they actually want you to resign, they don’t want to fire you. For this, they may make it very difficult for you, but if you can disconnect from the situation emotionally, it won’t matter. If they fire you, they will be vulnerable to a lawsuit and they don’t want that.
Please understand that you are just a resource to them. They want you to come back only because they know you can’t and you will probably resign from the pressure. They simply don’t want to employ new mothers who have a different priority than work.
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QQuickshark1872
PARTICIPANT
January 25, 2025 at 2:21 pmIf you have a mail, you can fight with that. You can question why others are allowed but not you. Ofcourse in a polite way. Yes , you need to start looking for a new job. -
UUser_79c940b1
PARTICIPANT
January 25, 2025 at 2:22 pmNot a Lawyer. Companies can change policies, and unless your contract was very specific to have such policy changes not affect you, you cannot fall back on this.If push comes to shove, consider having them fire you and do not resign. If they fire you, then they would need to give you severance.
Also, check local labour laws for any protection to persons returning from maternity leave – if so, this could work in your favour as well.
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UUser_7578170c
PARTICIPANT
January 25, 2025 at 3:05 pmTell them I’ll neither work from office nor resign. Now tell me the next course of action. Let’s see what they do. If they give an ATL they will have to provide compensation. -
WWiseguy5667
PARTICIPANT
January 25, 2025 at 3:27 pmSoftware manager here . No matter what your agreement is regarding wfh , call back to office will be enforced or will be asked to resign . This has been enforced all tech giants regardless your initial agreement. Better find a job near your place . -
WWiseparag8954
PARTICIPANT
January 25, 2025 at 4:40 pmYou have to come to office. Most of the companies are asking employees to work from office no matter what is ur emergency.
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