Hi,
Just wanted to know if we have any Law in India that talks about the retrenchment / termination of pregnant women? In short, can an employee be retrenched if she is pregnant?
Alternatively, is there any law that can stop a company from hiring a pregnant candidate?
Appreciate your inputs!
Regards,
Vrinda
From India, Calcutta
Just wanted to know if we have any Law in India that talks about the retrenchment / termination of pregnant women? In short, can an employee be retrenched if she is pregnant?
Alternatively, is there any law that can stop a company from hiring a pregnant candidate?
Appreciate your inputs!
Regards,
Vrinda
From India, Calcutta
Hi Vrinda,
Why do you want to retrench / terminate a pregnant woman???
Just send her on a maternity leave for 90 days after discussing & finalizing the policy regrding this issue with your Top management.
Regards,
Narendra
From India, Hyderabad
92Why do you want to retrench / terminate a pregnant woman???
Just send her on a maternity leave for 90 days after discussing & finalizing the policy regrding this issue with your Top management.
Regards,
Narendra
From India, Hyderabad
Hey, I donot want to retrench anyone! Am asking if an employee could be protected from retrenchment due to existence of such a law?
From India, Calcutta
From India, Calcutta
There is no law that can stop a company in hiring a pregnant person, but if the profile demands a person to not take leave, and be perfectly fit for assuming huge amount of responsibilities, probably they can consider hiring another person.
BUT: PLS NOT - after hiring, and if the candidate has not been earlier informed that she will not be able to go on maternity leave, then its not correct on the company's part.
All these thoughts should be addressed before hiring.
From India, Madras
BUT: PLS NOT - after hiring, and if the candidate has not been earlier informed that she will not be able to go on maternity leave, then its not correct on the company's part.
All these thoughts should be addressed before hiring.
From India, Madras
There is NO LAW : a. that permits you to retrench employees just because they are pregnant. b. disallows or bars employment of pregnant women. Vasant Nair
From India, Mumbai
From India, Mumbai
Dear All,
pls find below some points w.r.t. maternity benefit act 1961 :
Employment of, or work by women prohibited, during certain periods.
4. (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery 9b[,miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 9b[,miscarriage or medical termination or pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be
(a) the period of one months immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Right to payment of maternity benefit.
5. 10[(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day];
Explanation.—For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, 11[the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest.]
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 12[eighty days] in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of 12[eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment 13[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
14[(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:]
Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:
14[Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.]
15[Continuance of payment of maternity benefit in certain cases.
5A. Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.]
16[Payment of maternity benefit in certain cases.
5B. Every woman—
(a) who is employed in a factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-time work) for a month exceed the amount specified in sub-clause (b) of clause (9) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5,
shall be entitled to the payment of maternity benefit under this Act.]
Regards
Sidharth
From India, Bhubaneswar
pls find below some points w.r.t. maternity benefit act 1961 :
Employment of, or work by women prohibited, during certain periods.
4. (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery 9b[,miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 9b[,miscarriage or medical termination or pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be
(a) the period of one months immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Right to payment of maternity benefit.
5. 10[(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day];
Explanation.—For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, 11[the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest.]
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 12[eighty days] in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of 12[eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment 13[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
14[(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:]
Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:
14[Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.]
15[Continuance of payment of maternity benefit in certain cases.
5A. Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.]
16[Payment of maternity benefit in certain cases.
5B. Every woman—
(a) who is employed in a factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-time work) for a month exceed the amount specified in sub-clause (b) of clause (9) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5,
shall be entitled to the payment of maternity benefit under this Act.]
Regards
Sidharth
From India, Bhubaneswar
Hi Vrinda,
There's no such law which gives u the right to fire a pregnant employee.. Also, with regards to your second question my answer would be that only if the nitty gritties of the job demand a full time committment without any leave or so then this should be made clear to the candidate at the time of interview only so that even the candidate doesnt land in a sorry condition after some time.However, law doesnt permit even this bias too.
Also, when ever such questions are raised in the community i normally tend to ask myself that even if law would have given you the power to retrench such employees then also would you have justified yourself in this action as a human? I mean come on every female faces such situation in her life when she starts a family which is her right... and her education and capability too has given her right to work and excel in professional life then who are we to snub any of her basic rights.. n then in our HR policies we all right it in bold that in or organization there is no discrimination in the terms of gender, caste, color or creed?
I m sorry if you feel i over reacted but that was just wat i felt?
Regards
Neha
From India, Chandigarh
There's no such law which gives u the right to fire a pregnant employee.. Also, with regards to your second question my answer would be that only if the nitty gritties of the job demand a full time committment without any leave or so then this should be made clear to the candidate at the time of interview only so that even the candidate doesnt land in a sorry condition after some time.However, law doesnt permit even this bias too.
Also, when ever such questions are raised in the community i normally tend to ask myself that even if law would have given you the power to retrench such employees then also would you have justified yourself in this action as a human? I mean come on every female faces such situation in her life when she starts a family which is her right... and her education and capability too has given her right to work and excel in professional life then who are we to snub any of her basic rights.. n then in our HR policies we all right it in bold that in or organization there is no discrimination in the terms of gender, caste, color or creed?
I m sorry if you feel i over reacted but that was just wat i felt?
Regards
Neha
From India, Chandigarh
Dear Malik sir,
I want to share a problem in my company which are faced by me few last three month, so please give me suggestion.
1. Company is not following any policy.
2. company is going in loss from last year.
3. Boss and our company owner liked those person who are using oiling way.
4. i am here only singal HR person but i haven't any authority.
5. salary not coming time to time.
6. they are not followed the govt. policy that mean they didn't submit returns time to time.
I have done my MBA(HR) from a reputated college in 2008 batch and i have 2 yr work ex. before my mba. I am looking a job. am i right????
in this situation what can i do, please suggest me .....................
Regards
Amrish Singh Raghuwanshi
Mob. 9827071872
Email-
From India, Bhopal
I want to share a problem in my company which are faced by me few last three month, so please give me suggestion.
1. Company is not following any policy.
2. company is going in loss from last year.
3. Boss and our company owner liked those person who are using oiling way.
4. i am here only singal HR person but i haven't any authority.
5. salary not coming time to time.
6. they are not followed the govt. policy that mean they didn't submit returns time to time.
I have done my MBA(HR) from a reputated college in 2008 batch and i have 2 yr work ex. before my mba. I am looking a job. am i right????
in this situation what can i do, please suggest me .....................
Regards
Amrish Singh Raghuwanshi
Mob. 9827071872
Email-
From India, Bhopal
Dear Vrinda,
It is really atrocious to even think of such a law. It is not constitutional and goes against the very basic of ethos and ethics we follow. It is not only bad labour practices(Unfair Labour Practices) but also violation of Human RIghts.
Regards,
SC
From India, Thane
It is really atrocious to even think of such a law. It is not constitutional and goes against the very basic of ethos and ethics we follow. It is not only bad labour practices(Unfair Labour Practices) but also violation of Human RIghts.
Regards,
SC
From India, Thane
I though the query had been answered several times over in straightforward manner. Someone has reproduced the entire Maternity Benefis Act. This was not really necessary.
It is common sense that a reasonable employer would not emplpyee a woman in an advanced stage of pregnancy...you do not need any Law or formal guidelines to address comon sense matters.
Vasant Nair
From India, Mumbai
It is common sense that a reasonable employer would not emplpyee a woman in an advanced stage of pregnancy...you do not need any Law or formal guidelines to address comon sense matters.
Vasant Nair
From India, Mumbai
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