Sent me a conclusion letter when i am 7 month pregnant stating poor performance without talking to me. What action item i can take on employer?
From India, Hyderabad
From India, Hyderabad
You can file a complaint before the appropriate authority, ie, the Labour Officer stating that the employer has terminated you while you were pregnant and thereby violated section 12 of the Maternity Benefits Act. You can also file a complaint before the Commission for Women Rights in the state.
From India, Kannur
4219From India, Kannur
Have you informed about the pregnancy to the company?
Move to the labour office of the area, provided you are not working in managerial level or supervisory capacity or else file case against your company in violation MB Act in the court. Do not challenge your termination but mention your termination for avoiding the MB. Termination for poor performance is equally bad and illegal. You need to talk with a lawyer for initiating a case. At this stage you keep calm and do everything that make a safe delivery.
you can also file a complaint with the National Commission for Women if your employer denies you maternity benefits as per the Act. You too can send the copies of complaint to the President and PMO.
You may also call our Toll Free number 1800-180-1104 to register your grievance through the PMSMA Helpdesk agents.
From India, Mumbai
Move to the labour office of the area, provided you are not working in managerial level or supervisory capacity or else file case against your company in violation MB Act in the court. Do not challenge your termination but mention your termination for avoiding the MB. Termination for poor performance is equally bad and illegal. You need to talk with a lawyer for initiating a case. At this stage you keep calm and do everything that make a safe delivery.
you can also file a complaint with the National Commission for Women if your employer denies you maternity benefits as per the Act. You too can send the copies of complaint to the President and PMO.
You may also call our Toll Free number 1800-180-1104 to register your grievance through the PMSMA Helpdesk agents.
From India, Mumbai
I think the protection against termination etc,is available only when the woman absents from work in accordance with the provisions of the Act.(sec 12(1)).
Even supervisory or managerial employee can make complaint against employer under sec 12 of the Maternity Benefits Act..
From India, Thiruvananthapuram
Even supervisory or managerial employee can make complaint against employer under sec 12 of the Maternity Benefits Act..
From India, Thiruvananthapuram
But section 12(2)(a) of the Act is to be interpreted as to mean that the employment of a pregnant woman can be terminated if the employer provides her with the medical benefit and/or bonus prescribed under the Act which she would have been entitled to as if she had still been in employment. That means as long as the employer is paying the maternity benefits, termination of employment will not deemed to be an act of depriving the benefits.
In Bharti Gupta Vs Rail India Technical and Economical Services Limited and Ors (123(2005)DLT138, 2005(84)DRJ53) the employee was terminated when she applied for maternity leave. It was held by the Court that Section 12 of the Act underscores the independent and inflexible nature of the liability to mandate that no-one can be dismissed on account of pregnancy.
It is also to be noted that in a recent verdict in Dr. Kavita Yadav Vs The Secretary, Ministry of Health and Family Welfare Department and Others ( 2023 LLR 1299) the Supreme Court of India has said that any attempt to enforce the contract duration term during the maternity leave period would be constitute “discharge” and attract section 12(2)(a) of the Maternity Benefits Act. Therefore, in my opinion, the employee is question in the thread is very well entitled to get maternity benefits, ie, 26 weeks paid leave and a medical bonus of Rs 3500.
From India, Kannur
In Bharti Gupta Vs Rail India Technical and Economical Services Limited and Ors (123(2005)DLT138, 2005(84)DRJ53) the employee was terminated when she applied for maternity leave. It was held by the Court that Section 12 of the Act underscores the independent and inflexible nature of the liability to mandate that no-one can be dismissed on account of pregnancy.
It is also to be noted that in a recent verdict in Dr. Kavita Yadav Vs The Secretary, Ministry of Health and Family Welfare Department and Others ( 2023 LLR 1299) the Supreme Court of India has said that any attempt to enforce the contract duration term during the maternity leave period would be constitute “discharge” and attract section 12(2)(a) of the Maternity Benefits Act. Therefore, in my opinion, the employee is question in the thread is very well entitled to get maternity benefits, ie, 26 weeks paid leave and a medical bonus of Rs 3500.
From India, Kannur
Section 12 in The Maternity Benefit Act, 1961
12. Dismissal during absence of pregnancy.—
(1)
When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2)
(a)
The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b)
Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.
(c)
Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).
From India, Mumbai
12. Dismissal during absence of pregnancy.—
(1)
When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2)
(a)
The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b)
Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.
(c)
Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).
From India, Mumbai
Yes, Prabhat I have sent out an email of my pregnancy and also maternity leave email from when i will be taking it three month before receiving my conclusion email
From India, Hyderabad
From India, Hyderabad
This period is very crucial for you and the baby in your womb. You lodge your complaint in all forums as mentioned and forget because our judiciary action is very lethargic and time taking.
The benefits under the law remains intact even if termination is done. Termination in any manner is bad and is worst in case of pregnent employee.
You can call call me with a prior message any time after 11 am.
Have a nice day, stay calm read good books for an healthy baby, your stress of losing job will put negetive impact on baby in womb.
From India, Mumbai
The benefits under the law remains intact even if termination is done. Termination in any manner is bad and is worst in case of pregnent employee.
You can call call me with a prior message any time after 11 am.
Have a nice day, stay calm read good books for an healthy baby, your stress of losing job will put negetive impact on baby in womb.
From India, Mumbai
It appears it's an act of 'preemption' on the part of the employer, a cat and mouse chase. There's no confirmation whether the applied MB leave was granted or not. Not withstanding, the employee will be entitled to MBs under the act and she is rightfully can contest the termination.
From India, Bangalore
From India, Bangalore
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