I am agree with that no employer can terminate ur service without valid reasons. And more over reasons to satisfy you as well as legal authorities on later stage, if you plan to move to court for justice. But if they are asking to terminate you then please don't resign on your own and let them terminate your services. Let's see what reason they are giving in termination letter and then plan to fight against them in labour court or labour office.
And moreover you have joined 10 months back and you have got some increment also. Pls don't resign and let them terminate your services and then plan your further steps.
From India, Bangalore
5And moreover you have joined 10 months back and you have got some increment also. Pls don't resign and let them terminate your services and then plan your further steps.
From India, Bangalore
I trust, it is based on the terms of employment to which you agreed.
If you refuse to resign, they can give you sufficient notice and terminate according to the terms of agreement of employment. And they shall give necessary retrenchment compensation.
There may be different legal options, but most of us don't go to labour courts no?
From India, Thana
If you refuse to resign, they can give you sufficient notice and terminate according to the terms of agreement of employment. And they shall give necessary retrenchment compensation.
There may be different legal options, but most of us don't go to labour courts no?
From India, Thana
I strongly agree with the following quote. The empoyers normally do it as they do not want to pay for the 3 months maternity leave and legally they would be bound to pay you. Remember, it is always in the company's benefit if an employee resigns herself/himself, hence they are threatening to terminate you.
legally, the case is in your side but practically, you have a dead case. This is not to demoralize you but to make you aware of teh practicality in thi sregard. It is not difficult for a company to show that you are not performing as expected and could terminate you by giving n number of reasons.
The best way is to negotiate with them happily:
1) if you do not want to resign, tell them you do not want to be paid for the maternity leave and would just need pre-approved leave for the time.
2) if they do not agree, take some legal advise and negotiate with teh company and leave.
In any case, do not put up your papers with the term that you want to be releived with immediate effect and do not want to serve notice period. Such companies would force you to resign with immediate effect so that they need not to pay you even for the notice period.
Remember, you and your baby is much more important than the job.
All the best.
Take care !
From India, Delhi
legally, the case is in your side but practically, you have a dead case. This is not to demoralize you but to make you aware of teh practicality in thi sregard. It is not difficult for a company to show that you are not performing as expected and could terminate you by giving n number of reasons.
The best way is to negotiate with them happily:
1) if you do not want to resign, tell them you do not want to be paid for the maternity leave and would just need pre-approved leave for the time.
2) if they do not agree, take some legal advise and negotiate with teh company and leave.
In any case, do not put up your papers with the term that you want to be releived with immediate effect and do not want to serve notice period. Such companies would force you to resign with immediate effect so that they need not to pay you even for the notice period.
Remember, you and your baby is much more important than the job.
All the best.
Take care !
From India, Delhi
Well, we have discussed the issue on two front -
Firstly Employer cannot force you to resign specially when you are pregnant & we should handle it legally.
& Secondly it is not easy for an employee to fight with company in court & face effect afterwards.
So both the fronts are equally important & i will give equal weightage to both front.
Bending our Knees against this forceful demand of employer will let the same practice continue & will create a tough situation for the every upcoming female employee. But parallely it is not easy for an individual employee to make it happen as some of our members already pointed out about the working of Indian Laws.
So what could be the other feasible solution to this problem ? I believe this issue should not be left unanswered as this is a common issue with many organisations & our many female employees have to face it.
I request my other team members / experts to provide a possible solution to this problem.
Regards
Deepak Jain
From India, Gurgaon
Firstly Employer cannot force you to resign specially when you are pregnant & we should handle it legally.
& Secondly it is not easy for an employee to fight with company in court & face effect afterwards.
So both the fronts are equally important & i will give equal weightage to both front.
Bending our Knees against this forceful demand of employer will let the same practice continue & will create a tough situation for the every upcoming female employee. But parallely it is not easy for an individual employee to make it happen as some of our members already pointed out about the working of Indian Laws.
So what could be the other feasible solution to this problem ? I believe this issue should not be left unanswered as this is a common issue with many organisations & our many female employees have to face it.
I request my other team members / experts to provide a possible solution to this problem.
Regards
Deepak Jain
From India, Gurgaon
Hi !!
Situation is common for many. Employer should not ask to resign. But they do. And employee cannot do anything but to agree to their demand. We can talk in length that it should be or it should not be.... Many of the HR managers never consider employee's situation. They function like personnel manager and do all these nonsenses. After all, if they want they can oppose line managers. But they do not. they have to get increments larger than the others.
From India
Situation is common for many. Employer should not ask to resign. But they do. And employee cannot do anything but to agree to their demand. We can talk in length that it should be or it should not be.... Many of the HR managers never consider employee's situation. They function like personnel manager and do all these nonsenses. After all, if they want they can oppose line managers. But they do not. they have to get increments larger than the others.
From India
It’s true that an employer can’t terminate an employee with out any valid reason, but the company will easily find many reasons to terminate a person, if they are decide to do this. You have to also notice the terms and conditions which you may have signed during your offer acceptance or any other document which they have get signed from you at the time of appointment. There may be some clause that most of the companies will add to escape from such legal actions.
Better make a good deal with the company for avoiding termination/Resignation. Consult with your senior members/coworkers of the company, who were working there for a long period of time. Some times they can give you a good advice, because they have came across many cases like this in your company organization/atmosphere.
The last step is that, you can contact a legal advice for taking a legal action.
Thanks and Regards
Dany
HR Executive
UCC, Kerala.
From India, Ahmadabad
Better make a good deal with the company for avoiding termination/Resignation. Consult with your senior members/coworkers of the company, who were working there for a long period of time. Some times they can give you a good advice, because they have came across many cases like this in your company organization/atmosphere.
The last step is that, you can contact a legal advice for taking a legal action.
Thanks and Regards
Dany
HR Executive
UCC, Kerala.
From India, Ahmadabad
• Fellow citehr members have given you clear advise. Asking to resign or termination both actions are illegal in your case. They have also advised you on the risks involved in confronting employer on this issue though law is on your side.
• In case you are prepared to confront the employer, I will suggest you the easy way to do it. Do not submit resignation under pressure. Let employer gather courage to issue you termination order, if he is serious.
• Meanwhile you can approach local Labor Inspector Office and give a formal complaint to him/her. You have to mention facts like your name, address, employers’ name and address, date of joining, date of confirmation, you have to clearly mention in the complaint that employer is forcing you to resign or threatening termination and reason for the same is you are pregnant and employer dose not want to give any maternity benefit and leave. Also mention that there is no issue with your performance and you have been granted confirmation and increment as well. Request their intervention for saving your job and to uphold rule of law and woman’s dignity. You can attach appointment letter, confirmation letter, increment letter etc.
• Once your written complaint is registered with Labor Inspector, your employer will get a notice from the concerned labor inspector, asking for details and to remain present before him/her on a given date. I am sure a single phone call from labor inspector or a notice from his office will surely shake your employer and he will have to fall in line and your termination and resignation can be avoided.
• There are chances that employer will not like your smartness and will always be on look out for some reason to falsely implicate you and punish you. Better be on lookout for better job.
• Employer will probably approach labor consultant or lawyer to defend his ass and then he will have to follow a legal path only. He can prolong and delay the process by spending money but I feel still you can give a try.
Thanks & Regards
From India, Pune
• In case you are prepared to confront the employer, I will suggest you the easy way to do it. Do not submit resignation under pressure. Let employer gather courage to issue you termination order, if he is serious.
• Meanwhile you can approach local Labor Inspector Office and give a formal complaint to him/her. You have to mention facts like your name, address, employers’ name and address, date of joining, date of confirmation, you have to clearly mention in the complaint that employer is forcing you to resign or threatening termination and reason for the same is you are pregnant and employer dose not want to give any maternity benefit and leave. Also mention that there is no issue with your performance and you have been granted confirmation and increment as well. Request their intervention for saving your job and to uphold rule of law and woman’s dignity. You can attach appointment letter, confirmation letter, increment letter etc.
• Once your written complaint is registered with Labor Inspector, your employer will get a notice from the concerned labor inspector, asking for details and to remain present before him/her on a given date. I am sure a single phone call from labor inspector or a notice from his office will surely shake your employer and he will have to fall in line and your termination and resignation can be avoided.
• There are chances that employer will not like your smartness and will always be on look out for some reason to falsely implicate you and punish you. Better be on lookout for better job.
• Employer will probably approach labor consultant or lawyer to defend his ass and then he will have to follow a legal path only. He can prolong and delay the process by spending money but I feel still you can give a try.
Thanks & Regards
From India, Pune
I am not agree with Job_connect_consultancy.
Because:--
1. If every Employer have this kind of Mind, than why they recruit a female employee in their organization?
2. It is optional that She is agree to take leave with out benefits of ESI.
3. Every company having good polices but its depands on implementation.
4. For Indian Law --- Fight for Rights is only for whom having courage.
5. This is only our fault that we are not facing.
6. Laws are good but our Mentality is not Strong.
When we will arise ourself?( I also included)
Regards,
MM Yadav
From India, New Delhi
Because:--
1. If every Employer have this kind of Mind, than why they recruit a female employee in their organization?
2. It is optional that She is agree to take leave with out benefits of ESI.
3. Every company having good polices but its depands on implementation.
4. For Indian Law --- Fight for Rights is only for whom having courage.
5. This is only our fault that we are not facing.
6. Laws are good but our Mentality is not Strong.
When we will arise ourself?( I also included)
Regards,
MM Yadav
From India, New Delhi
I really appreciate and do agree this is to be done .What vkokamthankar has posted is agreed , but in practical how many employees go there and follow. How many employees know local labour office address.
I m putting my assumptions. This can be facts too .
And I am also not denying the fact that Mr Manmohan has posted. - Replied in red fonts
1. If every Employer have this kind of Mind, than why they recruit a female employee in their organization?
There is need , legal compulsion , and cost attached for all kind of job positions. A female worker normally found to work at a less salary then a male candidate. This attracts employer to hire female employee. Female employees does not oppose much as male employee do and more over they are more efficient then a male employee in terms of productivity.
2. It is optional that She is agree to take leave with out benefits of ESI.C First is who makes company policy , employers only. If they can make they can make changes also. Whats the harm in talking , if this option works.
3. Every company having good polices but its depands on implementation. Yes I agree , but how many follows.
4. For Indian Law --- Fight for Rights is only for whom having courage. Latest judgement of Bhopal Gas Tragedy is good example.
5. This is only our fault that we are not facing.Practically single person cannot make any changes due to the system. How long some one will fight. We all think about our kin & kin.
6. Laws are good but our Mentality is not Strong. Employees have come to earn bread butter milk . How many does Social work in reality ?
Be happy. There is nothing to get tensed.
From India, Mumbai
I m putting my assumptions. This can be facts too .
- Employee have not resigned.
- Employer immediately blame the employee for leaked company information or data theft and claim for damages.
- Employer can do it very easily as Mail server access is with employer always. Employer is not bound to prove it saying these are critical and will be proved in Court.
- Online Complaint been lodged against the employee to local police.
- Even if employee aproach the Labour officer , labour officer if have the habit of itching palm he will support the Employer only. Employer always have some relation with them else business is not possible in honest means.
- Local police will avoid even to register the case unless its a big issue.They are piled up with so many FIRs. They will say give her the salary and finish the issue.
- Start using emails very carefully and use it as your weapon to fight with management.
- Do not share password and do always send CC, BCC of mails and keep the senior on loop. Tell your problem to HR Head, even if based out of India and never forget to send mails to MD too marking your personal email as BCC.
- Do not take responsibility of any work where financial or security related problems (Hard Disk Format , Antivirus upgradation )risk factors are too much and you can be blamed for. Take prior approval on email even if the colleague is very close to you. When management will blame no college will come to protect.
- Stop communicating office related issues with front line executives and communicate directly to the person who has decision making authority Some times HRs also involved in organizational politics ( CiteHR hrs don't get offended for this remark) so communicate only this much as its required for them to know. Don't be emotional.
- If the management is pressuring you for resignation, start collecting all records that is favorable to you. If your work is appreciated , get the appreciation letter indirectly. Email is best tool for that
- Even if you need to leave the current job , you can collect the financial amount later on . The employer is bound to pay that but may say according to company policy will get after certain period of time.
- Employee need to talk to the management and even by mistake threaten them for any acts that you can do from legal point of view.
- Make a Verbal Communication to the HR that you are mentally getting tortured and thinking to consult a legal action for harassment . Even by mistake don't put this over mails. Rest HR will only do as they are aware of what the punishment they can get for mental harassment
And I am also not denying the fact that Mr Manmohan has posted. - Replied in red fonts
1. If every Employer have this kind of Mind, than why they recruit a female employee in their organization?
There is need , legal compulsion , and cost attached for all kind of job positions. A female worker normally found to work at a less salary then a male candidate. This attracts employer to hire female employee. Female employees does not oppose much as male employee do and more over they are more efficient then a male employee in terms of productivity.
2. It is optional that She is agree to take leave with out benefits of ESI.C First is who makes company policy , employers only. If they can make they can make changes also. Whats the harm in talking , if this option works.
3. Every company having good polices but its depands on implementation. Yes I agree , but how many follows.
4. For Indian Law --- Fight for Rights is only for whom having courage. Latest judgement of Bhopal Gas Tragedy is good example.
5. This is only our fault that we are not facing.Practically single person cannot make any changes due to the system. How long some one will fight. We all think about our kin & kin.
6. Laws are good but our Mentality is not Strong. Employees have come to earn bread butter milk . How many does Social work in reality ?
Be happy. There is nothing to get tensed.
From India, Mumbai
to <link updated to site home> somwanshi aarti <link updated to site home> ( Search On Cite | Search On Google )
your emplyeer gives you 3 months for evaluation period and if he doesn't feel satisfied of ur performance so he have the right to ask you to resign or terminate you
for you may dear pregnant lady. you have the right to file a case in the court against them or they have to show enough reasons to force you to resign or terminate you or whatever, if your monthly performance reports are not that good then they can show you that or prove it. just do whatever you can to keep your job
From Egypt, Cairo
your emplyeer gives you 3 months for evaluation period and if he doesn't feel satisfied of ur performance so he have the right to ask you to resign or terminate you
for you may dear pregnant lady. you have the right to file a case in the court against them or they have to show enough reasons to force you to resign or terminate you or whatever, if your monthly performance reports are not that good then they can show you that or prove it. just do whatever you can to keep your job
From Egypt, Cairo
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