Hi, I have a query .. I am pregnent(7th month running) and working. My boss has resigned and few days back he called me and told me that the company is downsizing and its better you put down your papers on health grounds. Then my new boss called me that your old boss must have had a word about this thing with you, so when can u resign???
I am really confused now.. what should i do?? cos i know if i am terminated giving any XYZ reason then its gonna mentally effect me.
every day is tension when i come to office... I will be finnishing 3 years of service in this organization in Nov'09.
I am working at managerial level although my designation is fabricated as there is no one who reports to me, I only report to my boss and other senior collegues..
My query is : Can they tell me to resign? if yes, then am i entitled for maternity leave and maternity expenses?
what will be the best course of action.. to put down papers or wait for them to fire me and then approch court?? or negotiate in another 10-15 days... (3 months salary+ maternity benefits)
I have to fiel a case in which court? labour court or industrial court??
Your qucik response on this matter will be highly appreciated as I am in lot of tension. Thanks a lot in anticipation
From India, Mumbai
I am really confused now.. what should i do?? cos i know if i am terminated giving any XYZ reason then its gonna mentally effect me.
every day is tension when i come to office... I will be finnishing 3 years of service in this organization in Nov'09.
I am working at managerial level although my designation is fabricated as there is no one who reports to me, I only report to my boss and other senior collegues..
My query is : Can they tell me to resign? if yes, then am i entitled for maternity leave and maternity expenses?
what will be the best course of action.. to put down papers or wait for them to fire me and then approch court?? or negotiate in another 10-15 days... (3 months salary+ maternity benefits)
I have to fiel a case in which court? labour court or industrial court??
Your qucik response on this matter will be highly appreciated as I am in lot of tension. Thanks a lot in anticipation
From India, Mumbai
Hi..
I think you should not put your papers rather you can wait and let them terminate you as then they have to give you Maternity benefits as along with Notice pay(Maternity Benefict Act).It will be better for you to go through the Maternity Benefit Act because that will givr you lot of information about the benefits you are entitled for.
From India, Delhi
I think you should not put your papers rather you can wait and let them terminate you as then they have to give you Maternity benefits as along with Notice pay(Maternity Benefict Act).It will be better for you to go through the Maternity Benefit Act because that will givr you lot of information about the benefits you are entitled for.
From India, Delhi
Hi Dear ,
my suggestion is to you that do not put down your paper now to the Company. Plz. understand your Bosses are also the employee of the same organisation but with higher responsibilities. As the Company did not ask you to resign officially & you definately has given a justified level of performances that is why you are still continuing for so long time. Every Organisation has their Own Maternity Leave process for Confirmed Married Woman Employees. It must be 60 - 90 days in your entire service life for the Organisation. Send a mail to your concerned HR for the leave & do the needfull for the same according to the HR Policy of your organisation.
Ask your Boss to throw an official mail to your office-mail-id by doing via to the HR for your resignation with proper reason. Probably he / she will be not agree to do that as its completely void.
Now, if you put down your papers you will be not eligible for any kind of Maternity leave thereafter.
With Warm Regards.
Angana.
From India, Calcutta
my suggestion is to you that do not put down your paper now to the Company. Plz. understand your Bosses are also the employee of the same organisation but with higher responsibilities. As the Company did not ask you to resign officially & you definately has given a justified level of performances that is why you are still continuing for so long time. Every Organisation has their Own Maternity Leave process for Confirmed Married Woman Employees. It must be 60 - 90 days in your entire service life for the Organisation. Send a mail to your concerned HR for the leave & do the needfull for the same according to the HR Policy of your organisation.
Ask your Boss to throw an official mail to your office-mail-id by doing via to the HR for your resignation with proper reason. Probably he / she will be not agree to do that as its completely void.
Now, if you put down your papers you will be not eligible for any kind of Maternity leave thereafter.
With Warm Regards.
Angana.
From India, Calcutta
dear
no one can ask resignation from you.let them terminate you.
your termination will be illegal.
i will suggest you to take medical certificate and intimate to the management about your pregnancy.pls donot take tension.
From India, Delhi
167no one can ask resignation from you.let them terminate you.
your termination will be illegal.
i will suggest you to take medical certificate and intimate to the management about your pregnancy.pls donot take tension.
From India, Delhi
Hi , Talking very practical, be ready to digest, the scenario which you predict is quiet true,l
The pregnancy leave you can take 6weak before and 6 after, further it depends on company how flexible they are but by act they are suppose to give you 80days, i am attaching the Maternity Act 1961.
Further company will always see you as a liability as 80days with out work and pay, shall always come to their eye.........request you to stick to your job till they ask you to leave , you can of course ask for your Maternity exp amount, (but that too depends upon company internal policy). Please note they are under no obligation to give you the amount.
Further request you not to go to court or file a legal case, you can ofcourse threaten them, but the cost of going to court shall be more than your delivery amount...
Rest upto you...
Thanks
From India, Mumbai
The pregnancy leave you can take 6weak before and 6 after, further it depends on company how flexible they are but by act they are suppose to give you 80days, i am attaching the Maternity Act 1961.
Further company will always see you as a liability as 80days with out work and pay, shall always come to their eye.........request you to stick to your job till they ask you to leave , you can of course ask for your Maternity exp amount, (but that too depends upon company internal policy). Please note they are under no obligation to give you the amount.
Further request you not to go to court or file a legal case, you can ofcourse threaten them, but the cost of going to court shall be more than your delivery amount...
Rest upto you...
Thanks
From India, Mumbai
Hi,
I agree with Pramod, it's better to strike for amicable deal with your company than going to court; As it's a head ache. Better ask them to settle you with 3months pay and maternity benefits, until they agree you dont budge and keep a record of your official agreements in valid forms so that it can be a legal proof for you. Your case is more strong cos you are a permanent employee and have completed more than 180days. So please be strong and patient.
Regards,
Jessie J
From United Arab Emirates, Dubai
I agree with Pramod, it's better to strike for amicable deal with your company than going to court; As it's a head ache. Better ask them to settle you with 3months pay and maternity benefits, until they agree you dont budge and keep a record of your official agreements in valid forms so that it can be a legal proof for you. Your case is more strong cos you are a permanent employee and have completed more than 180days. So please be strong and patient.
Regards,
Jessie J
From United Arab Emirates, Dubai
Dear JJP,
You have got many views from different members of this forum. However, please do not ignore that at this stage you cannot afford to have collision course with anyone. Health of baby is far more important.
These are the times, you are supposed to be happy. Take your life the way it comes. Your mental tension may affect growth of baby.
I may sound someone like "dadaji" (grandfather). However, please do not ignore this aspect also.
Ok...
Dinesh V Divekar
From India, Bangalore
You have got many views from different members of this forum. However, please do not ignore that at this stage you cannot afford to have collision course with anyone. Health of baby is far more important.
These are the times, you are supposed to be happy. Take your life the way it comes. Your mental tension may affect growth of baby.
I may sound someone like "dadaji" (grandfather). However, please do not ignore this aspect also.
Ok...
Dinesh V Divekar
From India, Bangalore
Layoff on the ground of pragnacy is unheard. Any woman who has worked for 80 days is eligible for maternity benefit under the Law.
Asking you to resign in your advanced stage of pregnancy amounts to harassment as it may affect the health unborn baby as well as you. This is the time you stand up and say you will not resign and continue to work. Nobody can stop you. At the same time donot over look your health. You can represent your case in writing to the head of organisation and seek his intervention to sort out the issue ( Even though the CEO may knows your plight ).
Good Luck
HC. Subbaramu, Bangalore
From India, Kochi
Asking you to resign in your advanced stage of pregnancy amounts to harassment as it may affect the health unborn baby as well as you. This is the time you stand up and say you will not resign and continue to work. Nobody can stop you. At the same time donot over look your health. You can represent your case in writing to the head of organisation and seek his intervention to sort out the issue ( Even though the CEO may knows your plight ).
Good Luck
HC. Subbaramu, Bangalore
From India, Kochi
Hello,
No - a pregnant woman cannot be asked to resign as per the law. if they do so, you have all the rights to file a case against the organisation. Also, Maternity leave is your right and this again cannot be done away with. So, relax and do not resign.
I was earlier working with a software company in HR and I had a similar case where this new hired lady was pregnant and we could not ask her to resign because of this reason in spite of having attitude and performance issues. If your company wants to lay you off, they will have to wait at least till the time you deliver your baby.
If any one on this blog has a different opinion or information, please do share and help.
Thanks.
From India, Bangalore
No - a pregnant woman cannot be asked to resign as per the law. if they do so, you have all the rights to file a case against the organisation. Also, Maternity leave is your right and this again cannot be done away with. So, relax and do not resign.
I was earlier working with a software company in HR and I had a similar case where this new hired lady was pregnant and we could not ask her to resign because of this reason in spite of having attitude and performance issues. If your company wants to lay you off, they will have to wait at least till the time you deliver your baby.
If any one on this blog has a different opinion or information, please do share and help.
Thanks.
From India, Bangalore
Dear
Dont be confused
In case you are terminated pls take legal advice and file a petition under the Maternity Act before the competent Authority .Also file a complaint before the National Womens Commission and Human Rights Commission.Your Employers will have enough trouble and they will come searching for a compromise with you.
With Regards
E-mail :
,
Off : 044-42620864, 044-55874684,
From India, Bangalore
Dont be confused
In case you are terminated pls take legal advice and file a petition under the Maternity Act before the competent Authority .Also file a complaint before the National Womens Commission and Human Rights Commission.Your Employers will have enough trouble and they will come searching for a compromise with you.
With Regards
E-mail :
Off : 044-42620864, 044-55874684,
From India, Bangalore
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