namratha.lk
I am working in a software company from past 1year 7months. Currently I am a 16 weeks (4 months) pregnant. I have afternoon shift and work from home option even before I am pregnant. My manger got changed the new manger who took over team even after knowing I am a pregnant want me to come to office that too in night shift.

I brought this to the notice of HR and even Sr management but they nodded their head that they can’t help me on this. They says there is no other opportunity also where they can fit me in and suggested to look out for other opportunity. I worked for an organization for such a long time and the time I need help they say they have no option. Companies helps and provide options for working woman but here they are taking back the existing option also after I brought to their notice that I am pregnant.

I am really dishearten and don’t know how can I proceed. I can defiantly look out for job outside but which company will hire a pregnant lady who wants to go on maternity leave in next 4-5 months. I am in a condition where its important for me to continue in job to avail medical benefits and maternity leave.

Can someone plz suggest how can I fight with this? Is there any Act or Govt rules that can help me in this.

Thanks in advanve.

From India, Bangalore
phipl
1

NAMRATHA You can make written correspondence with them & do the request regarding insubstantial work with sunlight hours & deliver this letter Govt authority for information object
From India, Daund
anu_1259
65

Dear Namratha

This is a very dicey situation. You have mentioned that you have talked to your senior management team. If they feel helpless, then fighting over this will not yield anything.

What I suspect is that the management including your new manager feels that since you are expecting and will be taking leave for at least 3 months or more, the time period can lead to stagnation of earning to the company. This may be a liability. The company is thinking about cost cutting. That maybe the reason they asked u to look for other opportunity.

What I can suggest you is if you have an appointment letter with terms (like working from home) written clearly, you can talk to the manager,sit with him/her and try to reason your position.

In case you don't have the appointment letter, still you may wish to sit with the new manager and explain him your discomfort. ALternatively, you may suggest to go to office twice or thrice a week (but only in the daytime) if the manager doesn't agree at all.

I can think of this suggestion at the moment. Lets see if others have different points also.

But, please do take care of yourself and take no tensions please.

all the best

Anuradha

MINDSHARE HR Consultancy Private Limited

From India, Delhi
namratha.lk
Hi Anuradha,

What you told is 100% right. Infact in one of the conversations I had they mentioned even if they put me in diff team I will work 3-4 months and go on leave and it’s a loss for the company. I felt so bad to listen to that, what if all the companies think and treat their woman employs like this? is this means working woman should not become pregnant? Why don’t they hire only male candidates or ladies above 40 years. To come out from job, I was never a person who sat at home I can’t imagine myself sitting at home doing nothing for such long time. That is more frustration. I have also seen couple more lady employs (who are in little Sr level) who got day shift (who was in night shift) option after they conceived. Feeling very sad looking at the injustice happening with me in the same company.

And about discussing with the manager since that didn’t work out, I brought this to the notice of management. I told not once or twice I can come every day to office but not in night shift. He was not ok with that too. There is no use to sit and talk to him. If he was a person who can understand the problem he could have understood last time itself when I explained. He know well neither I can leave the job with the commitments I have not I can come in night shift. With that hold he is playing.

Unfortunately shift timings is not mentioned in my offer letter. I really do not want to give up so easily want to fight for it with some strong point. But don’t know how to start :-(

From India, Bangalore
anjusethi20
1

Dear Namratha,
Labuor Law is saying "no employer can terminate female pregnant employee" & cannot terminate during her pregnance leave duration also, if employee is regular employee & working oh their payroll.
Talk to your employer, by giving reference of Labour Law. This will help you.
Anju

From India, Gurgaon
namratha.lk
Hi Anju,
I was decided to not to resign for the pressure they are building & I was also thinking what to do if they want terminate as they will have that right (which is a part of T&C in offer letter which we would have agreed for). It will be really very help full for me if you provide some more information on this (I will also try and find out). Once again thanks for the information.
Nam

From India, Bangalore
consultme
192

Hi,
First of all, be bold and cool. Please do not get in to unnecessary stress and strain, because this may not be good to your baby.
Eventhough we have very strong legislation, execution lies with people and effectiveness may vary based on people on such jobs.
As you are working in a private firm and if the company culture is to find a 'pregnant lady' as a liability, it is attitude problem of management or the visionaries behind the firm. Now, question is why should you stick to such a company and put your effort?
Most of the companies in India respect motherhood and provide all possible assistance to continue work during pregnancy.
Suggest not to get in to a legal battle with the company. Try searching for another job, where you can work daytime as well as work from home. Post your profile in career sites with this specific requirement. I believe, you will get many calls.
May God bless you, wishing you the very best !

From India, Bangalore
namratha.lk
Hi XYZ (consultme),
Thank you for such a sweet email. Yes I can defiantly find a job as you have mentioned but my concern is which company will knowingly hire a pregnant. When it comes to fight legally, I am not doing it (legally not filing complint and all) but I am fighting for my rights which I deserve for being associated for that company for such a long time. They are taking advantage of my physical condition. It’s not there is no option but they are not ready to give any other option because they know as I can’t do nightshift I will move out. Today me tomorrow someone else.
In this busy life a working a woman may get a chance to enjoy her motherhood once in her life time (may be max twice) it is wrong for me to expect my medical benefit for which I am paying for, my maternity leave which is my right to get from my employer and a small cooperation from management?

From India, Bangalore
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