Dear Richa
You can pre-empt by writing to your Employer on the oral talk they had with you on the pregnancy and narrate what all has happened.They will drop all their intentions.Many illegal ideas are well concieved and cannot be implemented as an illegal decison will have one owner and others will be implementing it half heartedly.The law & human rights and dignity are on your side.Dont be afraid.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
50You can pre-empt by writing to your Employer on the oral talk they had with you on the pregnancy and narrate what all has happened.They will drop all their intentions.Many illegal ideas are well concieved and cannot be implemented as an illegal decison will have one owner and others will be implementing it half heartedly.The law & human rights and dignity are on your side.Dont be afraid.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
DEar Richa
What Rashmi Pandey said is the framework. Now you issue a letter to your bank that you are carrying with ..months with Doctors certificate and need a leave at due date.
2. Have all the dialogue possible in a pleasant manner. Even then if persists, immediately you approach your jurisdictional Asst. Labour Commissioner (Central) as banks fall under Central Labour Dept. On his intervention things will be alright. YOur management has to do the corrective actions.
Thanks
Ram K Navaratna
HR Resonance
From India, Bangalore
What Rashmi Pandey said is the framework. Now you issue a letter to your bank that you are carrying with ..months with Doctors certificate and need a leave at due date.
2. Have all the dialogue possible in a pleasant manner. Even then if persists, immediately you approach your jurisdictional Asst. Labour Commissioner (Central) as banks fall under Central Labour Dept. On his intervention things will be alright. YOur management has to do the corrective actions.
Thanks
Ram K Navaratna
HR Resonance
From India, Bangalore
Dear Richa,
You can go to Labour Court and now don't have any soft corner for your employer as he too is not caring for you at this crucial time. Moreover, the following may be noted and also see the attachment (I got it from CITE HR only) for your information:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
Regards
Vipin
You can go to Labour Court and now don't have any soft corner for your employer as he too is not caring for you at this crucial time. Moreover, the following may be noted and also see the attachment (I got it from CITE HR only) for your information:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
Regards
Vipin
Dear Richa
The all the legal options which you have are must be used by you. But the main thing is to remind that when such employer and such bosses are around you, who are having such thinking, u should not work in such atmosphere. You know today’s economic liquidity crunches are forced to the managements to cut down the costs and overheads, but it must not through such cheap and idiotic methods.
Meanwhile i will not say just run away. You can continue your services just after your one notice, as recommended by someone above. And immediate give your written information about ur pregnancy and apply ur leaves. Please enjoy your maternity benefits like long leave and expenses reimbursements. Than after you may put another case of mental harassment during pregnancy by the employer, to show force for resignation. The details u can discuss with ur lawyer.
Because u know if u will continue your job with such organization, they will definite disturb you in ur working. But you should realize them by not let them off for this cheap act, by building strong legal cases.
Regards
Gaurav
From India, Kota
The all the legal options which you have are must be used by you. But the main thing is to remind that when such employer and such bosses are around you, who are having such thinking, u should not work in such atmosphere. You know today’s economic liquidity crunches are forced to the managements to cut down the costs and overheads, but it must not through such cheap and idiotic methods.
Meanwhile i will not say just run away. You can continue your services just after your one notice, as recommended by someone above. And immediate give your written information about ur pregnancy and apply ur leaves. Please enjoy your maternity benefits like long leave and expenses reimbursements. Than after you may put another case of mental harassment during pregnancy by the employer, to show force for resignation. The details u can discuss with ur lawyer.
Because u know if u will continue your job with such organization, they will definite disturb you in ur working. But you should realize them by not let them off for this cheap act, by building strong legal cases.
Regards
Gaurav
From India, Kota
Thanks Gaurav for your advise. I am not giving up anyways . Have escalated the matter to the top management in writing. I hope they would take a fair decision. Thanks Richa
From India
From India
Gaurav has taken a practical stand on the issue. He is right also. I do support him although legally an employer is not suppose to ask for resignation of employee on the ground of her pregnancy. Even if you do not resign the employer is not going to terminate you but if the circumstances force the Manager, he may fabricate some materials against you and initiate a disciplinary action and terminate the service. It will take a long period to settle all these issues if you refer the matter for adjudication.
Many have advised to file a petition before the Labour Court. Before such initiative please ensure whether or not an employee of bank will come under the defenition of workman under the provisions of the Industrial Disputes Act. Section 2 (s) (iv) gives salary ceiling for treatment of an employee as workman.
Regards,
Madhu.T.K
From India, Kannur
Many have advised to file a petition before the Labour Court. Before such initiative please ensure whether or not an employee of bank will come under the defenition of workman under the provisions of the Industrial Disputes Act. Section 2 (s) (iv) gives salary ceiling for treatment of an employee as workman.
Regards,
Madhu.T.K
From India, Kannur
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