Dear All,
I have been working for a bank for more than a year . last week my boss asked me to resign as he couldnt assign me a responsibility because i am pregnant.
Can i be asked to resign because of pregnancy??
If not what is the legal recourse??
Thanks
RP
From India
I have been working for a bank for more than a year . last week my boss asked me to resign as he couldnt assign me a responsibility because i am pregnant.
Can i be asked to resign because of pregnancy??
If not what is the legal recourse??
Thanks
RP
From India
Dear Richa, It is illegal to terminate an employee / forcefully make the employee resign only on the reason of preganancy.
From India, Madras
5From India, Madras
Dear Friend The immediate legal recourse is Labour Court, Ur boss will be in big trouble if he meant so. I suggest u to issue him legal notice to give him chance to clarify his stand. Regards
From India, Vadodara
From India, Vadodara
Sir,
Thanks for the prompt response. I have discussed the matter with HR and asked them to assign me some responsibility if not in my current department then in any other department. I have also refused to resign .
Now in case they issue me a termination letter they anyways are not going to mention pregnancy as my reason for termination.
In that case i can file a case against my boss or the organisation .
Thanks
Richa
From India
Thanks for the prompt response. I have discussed the matter with HR and asked them to assign me some responsibility if not in my current department then in any other department. I have also refused to resign .
Now in case they issue me a termination letter they anyways are not going to mention pregnancy as my reason for termination.
In that case i can file a case against my boss or the organisation .
Thanks
Richa
From India
Dear Friend
The proper and necessary parties to the case will be both ur company and ur boss.
Thats true that they will not mention the reason of pregnancy but they are required to follow the due procedure before terminate u.
Regards
From India, Vadodara
The proper and necessary parties to the case will be both ur company and ur boss.
Thats true that they will not mention the reason of pregnancy but they are required to follow the due procedure before terminate u.
Regards
From India, Vadodara
Dear Sir,
They have asked me to resign and in turn as per my offer letter are ready to pay me for 3 months salary in lieu of the notice period.
That would mean i would be deprived of all the maternity benefits as per the Maternity benefit act.
Regards
RP
From India
They have asked me to resign and in turn as per my offer letter are ready to pay me for 3 months salary in lieu of the notice period.
That would mean i would be deprived of all the maternity benefits as per the Maternity benefit act.
Regards
RP
From India
Dear Richa
If they already issued a termination letter then you just go to Labour Court with all the documents along with your pregnancy report and discuss a good lawyer regarding this issue and file a case against the organization.
The organization can not deceive you. A permanent employee has the right to enjoy the maternity benefit.
Saikat
From Bangladesh, Dhaka
If they already issued a termination letter then you just go to Labour Court with all the documents along with your pregnancy report and discuss a good lawyer regarding this issue and file a case against the organization.
The organization can not deceive you. A permanent employee has the right to enjoy the maternity benefit.
Saikat
From Bangladesh, Dhaka
Dear Richa
Donot resign your job or don't pay three month salary. It is not possible to terminate you when you are pregnant. Please confirm that they had indicated that the pregnancy is the reason for your termination. As per the act the Management should offer some other job to you if you feel that the current job is disturbing your preganancy.
It is better to approach Labour Court. You can get justice. You can avail the maternity benefits.
WORST BOSS AND WORST MANAGEMENT
MANOKAVIN
From India, Coimbatore
Donot resign your job or don't pay three month salary. It is not possible to terminate you when you are pregnant. Please confirm that they had indicated that the pregnancy is the reason for your termination. As per the act the Management should offer some other job to you if you feel that the current job is disturbing your preganancy.
It is better to approach Labour Court. You can get justice. You can avail the maternity benefits.
WORST BOSS AND WORST MANAGEMENT
MANOKAVIN
From India, Coimbatore
dear richa,
first you ask your boss to give you in writing that , he wants resignation because of your pregnancy. don't take anything verbally.
As per maternity benefit act , 1961, A woman is entitled to claim or receivece benefit under sub section(1) of section 5 from her employer , only if she has worked in his establishment for not less than 80 days. She must have worked for not less than 80 days in the 12 months immediately preceding the date of her expected date of delivery.
A woman may give a notice of her pregnancy to her employer in accordance with Sec 6. But if she does not give notice as provided under sec. 6 , she make a request to her employer under sub section 3 of section 4. On request made by the pregnant employed woman under sec4(3) , the employer shall not require such woman to do any work
a) which involves long hours of standing
b) which is of an arduous nature
c) which is anyway is likely to interfere with her pregnancy , or the normal development of the foetus
d) which is likely to cause her miscarriage
e) which otherwise adversely affects her health.
So you don't worry about that, if he gives in writing to resign , you can go to labour court and file a case against your employer, because sec12(1) , no employer can dismiss or terminate any pregnant employee during her pregnancy.
Thanks
Rashmi Pandey
From India, Calcutta
first you ask your boss to give you in writing that , he wants resignation because of your pregnancy. don't take anything verbally.
As per maternity benefit act , 1961, A woman is entitled to claim or receivece benefit under sub section(1) of section 5 from her employer , only if she has worked in his establishment for not less than 80 days. She must have worked for not less than 80 days in the 12 months immediately preceding the date of her expected date of delivery.
A woman may give a notice of her pregnancy to her employer in accordance with Sec 6. But if she does not give notice as provided under sec. 6 , she make a request to her employer under sub section 3 of section 4. On request made by the pregnant employed woman under sec4(3) , the employer shall not require such woman to do any work
a) which involves long hours of standing
b) which is of an arduous nature
c) which is anyway is likely to interfere with her pregnancy , or the normal development of the foetus
d) which is likely to cause her miscarriage
e) which otherwise adversely affects her health.
So you don't worry about that, if he gives in writing to resign , you can go to labour court and file a case against your employer, because sec12(1) , no employer can dismiss or terminate any pregnant employee during her pregnancy.
Thanks
Rashmi Pandey
From India, Calcutta
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