Dear Ravi,
Please consider first his Skills and attitude towards work. If she is willing to work hire her.
During maternity period arrange temporary staff to her position considering future vacancies.
These are the envisioned recruitment plans should have for an HR Professional.
An HR professional must support an organization work to go on without any delay by proper sourcing of Candidates.
Please analyze your situation and do the required.
We can talk more about on various theories and laws. But come to practical we have to consider other aspects too. Being flexible depending on situation is real People Management.
Regards
Soja
From India, Kochi
1Please consider first his Skills and attitude towards work. If she is willing to work hire her.
During maternity period arrange temporary staff to her position considering future vacancies.
These are the envisioned recruitment plans should have for an HR Professional.
An HR professional must support an organization work to go on without any delay by proper sourcing of Candidates.
Please analyze your situation and do the required.
We can talk more about on various theories and laws. But come to practical we have to consider other aspects too. Being flexible depending on situation is real People Management.
Regards
Soja
From India, Kochi
Dear Ravi,
If she is in the initial stage of her pregnancy no harm in employing her. In my view, no women will look for a job if she is pregnant for 6 months or above. However, I have seen female employees working till the time they are advised by their doctor concerned to stop attending duties. Under the circumstances, you may speak to her and engage her on contractual basis in mutually agreed terms, which will be beneficial for her as well as the organization. Re-hiring can be thought of once she completely recovers (with due compliance of the Act) and feels comfortable to take care of her baby at home during her absence.
All the best,
Gopal
From India, Jaipur
If she is in the initial stage of her pregnancy no harm in employing her. In my view, no women will look for a job if she is pregnant for 6 months or above. However, I have seen female employees working till the time they are advised by their doctor concerned to stop attending duties. Under the circumstances, you may speak to her and engage her on contractual basis in mutually agreed terms, which will be beneficial for her as well as the organization. Re-hiring can be thought of once she completely recovers (with due compliance of the Act) and feels comfortable to take care of her baby at home during her absence.
All the best,
Gopal
From India, Jaipur
Dear ( pratima, soja, & archana) * ji
great thanks for ur words, every one has a right to express (should not hurt others), social network is meant for it, No doubt your 100% true and definitely every one should keep ur suggestions..
best regards,
ravi
From India, Hyderabad
great thanks for ur words, every one has a right to express (should not hurt others), social network is meant for it, No doubt your 100% true and definitely every one should keep ur suggestions..
best regards,
ravi
From India, Hyderabad
Archana, Pratima, Raj,
What kamesh has put is a very practical point, thought it should have been worded differently.
HR department should look primarily at business interests. HR's function to protect employee rights and ensure their due benefits and good work environment also is in view of the business requirement of getting and retaining good employees. HR should not be working for employee benefits alone.
Ravi,
not being in the company and not having relevant details, i cant naturally comment on whether you should employee a lady who is pregnant or whether its a good idea. That decision can only be taken by the management, and that too keeping in view business requirements.
The following needs to be considered :
- is it a skill that is scarce and difficult to get in other employees (keeping in mind the lead time to recruit)
- is there a track record of performance that makes her a MUST HAVE ?
- Considering she will be on paid leave for 4 months and may be for 6 months, where the cost benefit analysis lies in recruiting such an employee
- Who will fill her position in her absence ? If it is possible to fill her with a temp position, then perhaps its not a skillset that is really in short supply (ref first point above).
(note - exception is where its an advisory / knowledge input that is required and can be coordinated on phone by her junior / team etc in her absence)
- what is the possibility that she will actually resume work after the maternity leave, in which case the lead time, learning curve, recruitment cost, business disruption in addition to the 4 months salary paid for nothing.
Just because a person fits the profile is not by its-self meaning that he / she should be recruited. It has to be in line with other requirements & parameters in which the company has to work. The matter of recruiting such a person can always be revisited later.
If after considering the above, the management feels that it is a good idea to recruit her, then the law has nothing to stop you from doing it. As others have pointed out already, you can also recruit her on contract / retainer / consulting basis till she is ready to get into a full time job after delivery.
From India, Mumbai
What kamesh has put is a very practical point, thought it should have been worded differently.
HR department should look primarily at business interests. HR's function to protect employee rights and ensure their due benefits and good work environment also is in view of the business requirement of getting and retaining good employees. HR should not be working for employee benefits alone.
Ravi,
not being in the company and not having relevant details, i cant naturally comment on whether you should employee a lady who is pregnant or whether its a good idea. That decision can only be taken by the management, and that too keeping in view business requirements.
The following needs to be considered :
- is it a skill that is scarce and difficult to get in other employees (keeping in mind the lead time to recruit)
- is there a track record of performance that makes her a MUST HAVE ?
- Considering she will be on paid leave for 4 months and may be for 6 months, where the cost benefit analysis lies in recruiting such an employee
- Who will fill her position in her absence ? If it is possible to fill her with a temp position, then perhaps its not a skillset that is really in short supply (ref first point above).
(note - exception is where its an advisory / knowledge input that is required and can be coordinated on phone by her junior / team etc in her absence)
- what is the possibility that she will actually resume work after the maternity leave, in which case the lead time, learning curve, recruitment cost, business disruption in addition to the 4 months salary paid for nothing.
Just because a person fits the profile is not by its-self meaning that he / she should be recruited. It has to be in line with other requirements & parameters in which the company has to work. The matter of recruiting such a person can always be revisited later.
If after considering the above, the management feels that it is a good idea to recruit her, then the law has nothing to stop you from doing it. As others have pointed out already, you can also recruit her on contract / retainer / consulting basis till she is ready to get into a full time job after delivery.
From India, Mumbai
maternity benefit -it is laws which is less benefited, that is minimum requirement, i have included all for up bringing of small baby till 2 yrs, maternity leave is for recovery of human body to regain to work again. i never believe in laws small operation or big operation.
From India, Ludhiana
From India, Ludhiana
Hi Ravi & Saswat,
I never said that Anyone in this forum is prohibited from expressing his/her views, but what Kamesh wrote, i completely disagree with that. Hence the reply was written to him.
Saswatabanerjee....Human resources is not just about Management and employees...its about being human also....So if The Pregnant lady fits the profile and she is in her first trimester why not give her a chance...Many employees leave after 6 months or 3 months...then also we look for replacement, here at least she will come back 3 months gap or 6 months gap....if she is assuring you of her coming back and that can be talked to her even before hiring. So what is the problem..
Ravi....With your case, It is up to the recruiter to hire her or not, if she has the right skills that the job demands, and she is fulfilling all other requirements....then why not. Be fair to all thats what my message is.
And no its not necessary that everyone should keep my suggestions.....thats not mandatory at all. This forum is meant for sharing knowledge and ideas and i think i can give some and gain some.....:)
BTW...What did you decide finally?
regards,
Archna
From India, Delhi
I never said that Anyone in this forum is prohibited from expressing his/her views, but what Kamesh wrote, i completely disagree with that. Hence the reply was written to him.
Saswatabanerjee....Human resources is not just about Management and employees...its about being human also....So if The Pregnant lady fits the profile and she is in her first trimester why not give her a chance...Many employees leave after 6 months or 3 months...then also we look for replacement, here at least she will come back 3 months gap or 6 months gap....if she is assuring you of her coming back and that can be talked to her even before hiring. So what is the problem..
Ravi....With your case, It is up to the recruiter to hire her or not, if she has the right skills that the job demands, and she is fulfilling all other requirements....then why not. Be fair to all thats what my message is.
And no its not necessary that everyone should keep my suggestions.....thats not mandatory at all. This forum is meant for sharing knowledge and ideas and i think i can give some and gain some.....:)
BTW...What did you decide finally?
regards,
Archna
From India, Delhi
I guess you have got the legal angle....i agree with Archana, in fact such attitude result in discriminatory practices being followed which is not in the best interest of the individual and the society at large.
From United States, San Francisco
From United States, San Francisco
Hi Archana
I gave in my post the parameters that need to be checked before deciding whether the person should be taken. That was taken from a business point of view. Everyone has a human face, but the business has to see what is good for the business. Else, lots of humans will be out of a job in the medium or long term. Again, there is no cut out boundary where one ends and other begins, so its going to be subjective always.
That said, my point was that it does not make sense to take someone who will be unavailable after 3 months or may not return, simply because her profile fits. True people leave after 3 months, but you will never recruit someone knowing he will leave. You will recruit expecting he will stay and you will make efforts to that extent.
Again (as i said in my post), if the profile, expertise, experience is of a nature difficult to get, then by all means you must grab it when available. But not for a profile commonly available.
A fresh reading of the Original Post clearly shows that the company has decided to hire her and the question is whether there was any legal requirement preventing it. So the rest of the argument and discussion is irrelevant for the OP. I hope, however, that members of the forum ultimately benefit from our debate.
From India, Mumbai
I gave in my post the parameters that need to be checked before deciding whether the person should be taken. That was taken from a business point of view. Everyone has a human face, but the business has to see what is good for the business. Else, lots of humans will be out of a job in the medium or long term. Again, there is no cut out boundary where one ends and other begins, so its going to be subjective always.
That said, my point was that it does not make sense to take someone who will be unavailable after 3 months or may not return, simply because her profile fits. True people leave after 3 months, but you will never recruit someone knowing he will leave. You will recruit expecting he will stay and you will make efforts to that extent.
Again (as i said in my post), if the profile, expertise, experience is of a nature difficult to get, then by all means you must grab it when available. But not for a profile commonly available.
A fresh reading of the Original Post clearly shows that the company has decided to hire her and the question is whether there was any legal requirement preventing it. So the rest of the argument and discussion is irrelevant for the OP. I hope, however, that members of the forum ultimately benefit from our debate.
From India, Mumbai
Hi Saswat,
The discussion is not irrelevant as some members did try to say certain negative things about hiring a pregnant women.
And having a disagreement is always beneficial and fruitful and i really enjoyed our discussions and difference of point of views.
Shall meet you in some other post where we can discuss more.
Regards,
Its Archna not Archana :)
From India, Delhi
The discussion is not irrelevant as some members did try to say certain negative things about hiring a pregnant women.
And having a disagreement is always beneficial and fruitful and i really enjoyed our discussions and difference of point of views.
Shall meet you in some other post where we can discuss more.
Regards,
Its Archna not Archana :)
From India, Delhi
Dear Ravi,
Only Basic Pay/Salary or any special pay or allowance that is specifically treated as pay, comes ithin the purview of pensionable salary.
Pensionable salary depends upon the minimum qualifying service prescribed for the eligibility of pension to an employee. If he/she has not put in the minimum qualifying service no part of salary becomes pensionable salary.
The normal formula for pension calculation is as follows:
Average of last (annual or 10 months) Pensionable Salary MULTIPLIED BY Six monthly Periods of Pensionable Service DIVIDED by the Maximum Six-monthly Periods permissible service for entitlement of Pension
The average of pensionable salary (10 or 12 moths salary) depends upon the Rules of the Central/State Government Pension Rules or the Employees Pension Scheme, as the case may be.
From India, Delhi
Only Basic Pay/Salary or any special pay or allowance that is specifically treated as pay, comes ithin the purview of pensionable salary.
Pensionable salary depends upon the minimum qualifying service prescribed for the eligibility of pension to an employee. If he/she has not put in the minimum qualifying service no part of salary becomes pensionable salary.
The normal formula for pension calculation is as follows:
Average of last (annual or 10 months) Pensionable Salary MULTIPLIED BY Six monthly Periods of Pensionable Service DIVIDED by the Maximum Six-monthly Periods permissible service for entitlement of Pension
The average of pensionable salary (10 or 12 moths salary) depends upon the Rules of the Central/State Government Pension Rules or the Employees Pension Scheme, as the case may be.
From India, Delhi
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