Hello friends. I am working in a reputed company and completed 8 years of service. Now i am six months pregnant. Now my HR informing me that my performance is poor also the role has been closed and asking me to resign. This is my only source of income and my husband income not enough to run the family. I am very much upset and didn't know what to do. Kindly suggest me the solution.
From India, Chennai
From India, Chennai
Have you officially informed the company about your condition?
Section 12 of Maternity Benefit Act is relevant in this condition,
Extract;
12. Dismissal during absence or pregnancy. -- (1) Where 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.
Have you been warned earlier about poor performance?
Officially inform the company about your medical condition.
Seek legal advice.
Law is on your side.
Do not worry.but you will have to boldly take up the matter with your company and labour officer of the area,if company persists with their plan of termination.
From India, Pune
3131Section 12 of Maternity Benefit Act is relevant in this condition,
Extract;
12. Dismissal during absence or pregnancy. -- (1) Where 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.
Have you been warned earlier about poor performance?
Officially inform the company about your medical condition.
Seek legal advice.
Law is on your side.
Do not worry.but you will have to boldly take up the matter with your company and labour officer of the area,if company persists with their plan of termination.
From India, Pune
Thank you Sir, But I have not been informed before on my poor performance. Till last year got the appraisal. On my appraisal they told need more performance. Thats it. Also, got many appreciations 2, 3 years back. From 2009 to till date I am working sincerly to the organisation. After 8 years, now the company telling me that I am very low in performance and my position has been closed, and all over this will be the stand the companies will take. If need they asking me to check ML act. I dont know what is that act also. I have asked the company to give termination letter. But they said, they will not give.I have resign the job my self. They will be providing me one month salary as the best they can do for me.
From India, Chennai
From India, Chennai
Dear,
You should have informed the company about your pregnancy through some written proof like email . If you haven't done it yet then do it. As once a company is informed about pregnancy of any employee then they can't ask any employee to leave giving excuses like bad performance or something else. In this case the law will be in your favour.
But if prior informing pregnancy, they issue some warning letter or notice of leaving, then this might be in favor of them as in most of the appointment letters there is a standard clause " both side may terminate the employment by giving 1/2/3 months notice or salary in lieu, without citing any reason"
Hence act accordingly. Simply write a letter to them informing about your pregnancy and request for a leave of 6 weeks prior delivery and 6 weeks after delivery. Also please attach the medical reports along with the mail. This should be done only if they haven't written any kinds of mail to you regarding termination/resignation.
I hope this will help you.
From India, Delhi
You should have informed the company about your pregnancy through some written proof like email . If you haven't done it yet then do it. As once a company is informed about pregnancy of any employee then they can't ask any employee to leave giving excuses like bad performance or something else. In this case the law will be in your favour.
But if prior informing pregnancy, they issue some warning letter or notice of leaving, then this might be in favor of them as in most of the appointment letters there is a standard clause " both side may terminate the employment by giving 1/2/3 months notice or salary in lieu, without citing any reason"
Hence act accordingly. Simply write a letter to them informing about your pregnancy and request for a leave of 6 weeks prior delivery and 6 weeks after delivery. Also please attach the medical reports along with the mail. This should be done only if they haven't written any kinds of mail to you regarding termination/resignation.
I hope this will help you.
From India, Delhi
Thank you Mr. Sujan. Based on your suggestion I have informed today my pregnancy officially and requested for the maternity leave. Actually on friday they have orally informed me and yet to get any kind of mailer/letter from them.
From India, Chennai
From India, Chennai
I have informed the company about my pregnancy today. I am afraid if they give any warning letter on my performance after seeing my mail. Kindly suggest how should I face the situation.
From India, Chennai
From India, Chennai
""I am afraid if they give any warning letter on my performance after seeing my mail""
You are protected by law to a great extent.
It is not all that simple to take action against a lady employee who has asked for maternity leave and intimated her medical condition to the employer.
From India, Pune
You are protected by law to a great extent.
It is not all that simple to take action against a lady employee who has asked for maternity leave and intimated her medical condition to the employer.
From India, Pune
Don't worry, they won't do anything like this if they know labour laws. In case they do this then just inform them that you are going to file a case against them in labour court. Keep a printout of the mail you sent them informing your pregnancy and also the warning/termination letter issued by them.
Always try to maintain good relationship with employers. But if they don't follow laws and harass you then don't let them go. ......simple...
From India, Delhi
Always try to maintain good relationship with employers. But if they don't follow laws and harass you then don't let them go. ......simple...
From India, Delhi
Thank you Mr.Nathrao & Sujan Roy for the suggestion and support . Just would like to update my situation..Yesterday I was actually waiting for HR to call me for a discussion.And then the evening, my manager told me that HR will get back to me in couple of days.I dont know whats going to happen. Let me wait for their decision. Meanwhile my BP & sugar level was shoot up and taking medicines and coming to office regularly. But I have not given any job. Sitting idle for a whole day. .
From India, Chennai
From India, Chennai
"" Meanwhile my BP & sugar level was shoot up and taking medicines and coming to office regularly. ""
Take care of health.
Do not worry as law is on your side.
If you have to go legal collate papers,emails and be ready for a legal remedy and informing local Labour officer also about the action of the company.
From India, Pune
Take care of health.
Do not worry as law is on your side.
If you have to go legal collate papers,emails and be ready for a legal remedy and informing local Labour officer also about the action of the company.
From India, Pune
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