I am working in fmcg co. since 1 year 7 months. I informed to my HR regarding my pregnancy but after 4 days they ask to me for resigntion. what should i do please suggest.
From India, Delhi
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1From India, Delhi
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Dear Devika,
I hope you have informed the HR in writing via email about your pregnancy. If not, please do so right away. The HR cannot terminate you or ask you to resign under any circumstances when you are pregnant. The employer cannot escape their responsibilities under the applicable law by practicing such dastardly acts and means. Do not, under any circumstances, issue any resignation letter. Keep all your communication between you and the employer/HR in writing while maintaining a parallel of such emails in your personal email ID.
Thank you,
A&B
From India, Ahmedabad
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I hope you have informed the HR in writing via email about your pregnancy. If not, please do so right away. The HR cannot terminate you or ask you to resign under any circumstances when you are pregnant. The employer cannot escape their responsibilities under the applicable law by practicing such dastardly acts and means. Do not, under any circumstances, issue any resignation letter. Keep all your communication between you and the employer/HR in writing while maintaining a parallel of such emails in your personal email ID.
Thank you,
A&B
From India, Ahmedabad
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Approach Labour Office, if the HR is not mending his ways. Recently in Delhi Employee has claimed 1,00,000 from employer for this kind of issue after filing case against the employer in High Court.
From India, Hyderabad
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From India, Hyderabad
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Dear Devika,
As mentioned by A&B, communicate everything through mail. Ask your HR on what grounds they are asking you to resign. According to the recent amendment in the Maternity Benefit Act, women who are pregnant are eligible for 26 weeks of maternity leave, including those in private companies.
Please also confirm whether you are covered under ESIC or if you are above the ceiling limit of ESIC. If you are covered under ESIC, it means that as per the ESIC Act, they will provide you with leave, pay for non-working days during leave, and your management will not have the right to terminate you or ask you to resign during ESIC leave.
Thank you.
From India, Hyderabad
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As mentioned by A&B, communicate everything through mail. Ask your HR on what grounds they are asking you to resign. According to the recent amendment in the Maternity Benefit Act, women who are pregnant are eligible for 26 weeks of maternity leave, including those in private companies.
Please also confirm whether you are covered under ESIC or if you are above the ceiling limit of ESIC. If you are covered under ESIC, it means that as per the ESIC Act, they will provide you with leave, pay for non-working days during leave, and your management will not have the right to terminate you or ask you to resign during ESIC leave.
Thank you.
From India, Hyderabad
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thanks to all but HR is forcing to me for resignation on phone and email also. Also they are not ready to pay maternity benefits and mentally harashing.
From India, Delhi
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From India, Delhi
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Dear Devika,
Please address an email to the HR head, your immediate senior, your departmental head, the Company MD and/or CEO, and CFO, clearly stating that you are pregnant. You are aware of your rights under the law and hence, under no circumstance, willing to resign.
In case the matter becomes severe, please visit the link below and log your complaint: [NCW::Legal Cell](http://ncw.nic.in/frmLegalUnit.aspx).
If you need any paid legal assistance, please let me know. I would be more than glad to help you with appropriate resources at the lowest cost.
Regards,
A&B
From India, Ahmedabad
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Please address an email to the HR head, your immediate senior, your departmental head, the Company MD and/or CEO, and CFO, clearly stating that you are pregnant. You are aware of your rights under the law and hence, under no circumstance, willing to resign.
In case the matter becomes severe, please visit the link below and log your complaint: [NCW::Legal Cell](http://ncw.nic.in/frmLegalUnit.aspx).
If you need any paid legal assistance, please let me know. I would be more than glad to help you with appropriate resources at the lowest cost.
Regards,
A&B
From India, Ahmedabad
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Dear Devika,
You are entitled to maternity leave, and there is no one who can ask for your resignation. You can file a complaint with the labor department, and they will definitely assist you. If you need further assistance, please feel free to write to us.
From India, Delhi
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You are entitled to maternity leave, and there is no one who can ask for your resignation. You can file a complaint with the labor department, and they will definitely assist you. If you need further assistance, please feel free to write to us.
From India, Delhi
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Please confirm me can I take legal action for mental harassment after resignation. kindly help. xyz
From India, Delhi
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From India, Delhi
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Dear Devika,
As already suggested/advised by the professionals here in the forum, please do not resign under any circumstances. Continue to work, keep calm, and if it is intolerable, then take SL/CL, which you are entitled to in your account. Get a properly drafted email from someone in HR (outside your organization) explaining the reasons your employer is asking for the resignation. I am confident that the HR person asking for your resignation will not be able to respond to your email.
Also, remember to forward all email communications to your personal id for future reference, or take printouts of the email communications.
Regards,
Mousumi
From India, Pune
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As already suggested/advised by the professionals here in the forum, please do not resign under any circumstances. Continue to work, keep calm, and if it is intolerable, then take SL/CL, which you are entitled to in your account. Get a properly drafted email from someone in HR (outside your organization) explaining the reasons your employer is asking for the resignation. I am confident that the HR person asking for your resignation will not be able to respond to your email.
Also, remember to forward all email communications to your personal id for future reference, or take printouts of the email communications.
Regards,
Mousumi
From India, Pune
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All emails should be sent with a return receipt. Obtain a certificate from the doctor and submit it to HR. If they refuse, send it via registered post with acknowledgment due. Keep a separate file and organize all the documents.
As advised by our HR professional, stay calm and continue working until you are eligible for maternity leave. Management cannot terminate your employment or take any action while you are on maternity leave; therefore, do not submit a resignation.
From India, Hyderabad
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As advised by our HR professional, stay calm and continue working until you are eligible for maternity leave. Management cannot terminate your employment or take any action while you are on maternity leave; therefore, do not submit a resignation.
From India, Hyderabad
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Ms. Devika: You have to take it as a challenge. The professionals in this forum are supporting you. Do not think of resigning from your job. Send communications on the status of your pregnancy to your HR by email or by registered post with acknowledgment due. The lawful benefits cannot be denied by any employer, as such denials are punishable, including imprisonment under the defined statute. You are hereby advised to follow the professionals' guidelines. Do not get confused or worried at this point in time; remain relaxed.
Regards
From India, Mumbai
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Regards
From India, Mumbai
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Legal Clarification on Maternity Leave.pdf
Maternity Leave Policy - posting.doc
HR-LEGAL FORMS.zip