Well, it's all dirty politics sometimes HR plays, and sometimes they become victims. When they play, they take pleasure in seeing others cry, and when they themselves cry, everyone pours their sympathies as if they haven't hurt a flea in their life.
Your friend has already suffered a miscarriage, and the doctor has advised her to be careful. So, if she follows the advice of Tk. Madhu and pursues her case in the labor courts, the management will further get angry with her. Even if she wins the case, how can you work in an environment where the entire management is hell-bent against you? Mentally, you can't work; that's human nature. Moreover, there is a warning given by her doctor regarding taking tension in this case. It's better to remain quiet.
From India, Pune
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57Your friend has already suffered a miscarriage, and the doctor has advised her to be careful. So, if she follows the advice of Tk. Madhu and pursues her case in the labor courts, the management will further get angry with her. Even if she wins the case, how can you work in an environment where the entire management is hell-bent against you? Mentally, you can't work; that's human nature. Moreover, there is a warning given by her doctor regarding taking tension in this case. It's better to remain quiet.
From India, Pune
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All we can suggest is about the duties and rights. This is up to the victim to decide how she would move ahead in the circumstances. Let her decide. Maybe despite her right to take paid leave, she may choose to leave the organization without any objection. Alternatively, she may choose to take the legal route and go to court against the company. Our discussion is aimed at making her aware of her legal rights. Of course, the decision on what steps to take and how to deal with the situation depends solely on her, and whatever course of action she chooses should be firm and forward-looking. The outcomes will depend on her taking the appropriate steps, and if needed, assistance can be provided.
From India, Jaipur
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From India, Jaipur
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I agree with Anurag that the final decision-maker is the victim. She has to consider her health before making any decisions and has to look for a smooth route. As management wants her to let go based on performance rather than the reason of being pregnant, she has to bow her head down, although she has the right to fight back. As mentioned by our friends, management can present numerous reasons to indicate that the issue lies with her performance. It is not advisable to fight back unless she has the proper evidence.
I advise her to review all the opinions shared by our friends before reaching a decision.
Regards
From India, Hyderabad
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I advise her to review all the opinions shared by our friends before reaching a decision.
Regards
From India, Hyderabad
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Considering the fact that only she has everything to lose and nothing to gain in the whole process, as the opinions suggest, I think she should not throw in the towel. Instead of her entering the fray, let us help this colleague through any local NGO to approach the National Women's Commission and the concerned labor authorities on her behalf. If we all pull together, I see a ray of hope. Otherwise, the management will get away with murder and will not learn any lesson in the process. I believe the intervention of the Women's Commission is going to help; the issuance of notice itself will scare the management. The management is likely to come up with the plea of non-satisfactory service, but given the other facts, the position becomes obvious that this is only a ruse to somehow get rid of her. The provisions of the Maternity Benefit Act can also come to her aid.
I request all HR professionals to look for an NGO to take up this matter.
Regards,
KK Nair
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I request all HR professionals to look for an NGO to take up this matter.
Regards,
KK Nair
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Titti,
1) Market down.
2) Maternity leave is applicable for only 12 weeks.
3) She has to apply for leave two months before delivery.
4) Management, financial issues, and politics. These are the major issues that could happen in this case.
Thanks & Regards,
Parthasarathy
From India, Madras
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1) Market down.
2) Maternity leave is applicable for only 12 weeks.
3) She has to apply for leave two months before delivery.
4) Management, financial issues, and politics. These are the major issues that could happen in this case.
Thanks & Regards,
Parthasarathy
From India, Madras
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As other members have suggested, since the company is trying to obtain her resignation based on non-performance, it will be difficult for the lady to prove that the management is taking these actions because of her pregnancy. Therefore, she should concentrate on her work and strive for perfection (which I know is challenging given the mental trauma she is experiencing) so that the management lacks a basis to prove her non-performance.
God will take care of the rest.
Swati
From India, Bangalore
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God will take care of the rest.
Swati
From India, Bangalore
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The management is not willing to give her any time. It wants to make her resign and leave as soon as possible.
Are labor courts fast track? I mean, is the decision given fast, or does it drag like the rest of the legal proceedings?
What can a Women's Rights Organization do to help her in this case even if she approaches them? How can she prove that it is based on maternity reasons rather than performance that the management is accusing her of now after her good appraisals just a month back? The management does not explicitly state this as the reason but has been mentally disturbing her now.
From India, Bharuch
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Are labor courts fast track? I mean, is the decision given fast, or does it drag like the rest of the legal proceedings?
What can a Women's Rights Organization do to help her in this case even if she approaches them? How can she prove that it is based on maternity reasons rather than performance that the management is accusing her of now after her good appraisals just a month back? The management does not explicitly state this as the reason but has been mentally disturbing her now.
From India, Bharuch
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The opinion of K Ravi is right. I agree. It is not that I have not considered the negative impact of approaching government authorities. But, if you leave the organization accepting the 'charges,' it will lead the employers to take similar action against others also. If this is the case, there could be no young women employed in the private sector.
If the new maternity policy applicable to government employees, which allows 6 months of maternity leave, is made applicable to the private sector as well, will there be employment of women? Or will they appoint only unmarried women, and will their service be terminated after marriage (some months in advance, so that there will not be any interpretation of termination due to pregnancy!)
It is not the right culture that in order to take care of customers, an employer needs a woman employee. As long as she does not ask for any benefits, her appraisal is very good. But once she declares that she is pregnant, she becomes an excess employee with poor performance. The advocates of HRD (I believe in the Personnel Management concept, and I call myself an employee and not a 'Professional' as is referred to under the new system) should realize one thing.
Human Resources should be developed, and it is for finding out the possibilities of utilizing the resources in each human being employed that the HRD is set up. If one employee is not fit for one job, give her another and use her resources. If she is not fit for any job, it is a shame to HRD itself which selected her!
Regards,
Madhu.T.K
From India, Kannur
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If the new maternity policy applicable to government employees, which allows 6 months of maternity leave, is made applicable to the private sector as well, will there be employment of women? Or will they appoint only unmarried women, and will their service be terminated after marriage (some months in advance, so that there will not be any interpretation of termination due to pregnancy!)
It is not the right culture that in order to take care of customers, an employer needs a woman employee. As long as she does not ask for any benefits, her appraisal is very good. But once she declares that she is pregnant, she becomes an excess employee with poor performance. The advocates of HRD (I believe in the Personnel Management concept, and I call myself an employee and not a 'Professional' as is referred to under the new system) should realize one thing.
Human Resources should be developed, and it is for finding out the possibilities of utilizing the resources in each human being employed that the HRD is set up. If one employee is not fit for one job, give her another and use her resources. If she is not fit for any job, it is a shame to HRD itself which selected her!
Regards,
Madhu.T.K
From India, Kannur
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Dear all,
Mr. Madhu has provided a comprehensive overview of the case along with suggestions, and other HR experts recommend leaving the company without involving the Labour Office. If you do not wish to include your experience at this company in your profile, then proceed with the legal option.
Regards,
Shish Uniyal
Executive HR
J.S. Furnishings Ltd.
From India, New Delhi
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Mr. Madhu has provided a comprehensive overview of the case along with suggestions, and other HR experts recommend leaving the company without involving the Labour Office. If you do not wish to include your experience at this company in your profile, then proceed with the legal option.
Regards,
Shish Uniyal
Executive HR
J.S. Furnishings Ltd.
From India, New Delhi
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During the probation period, services can be terminated without assigning any reason. This service term is clearly mentioned in the appointment letter of the new recruit and cannot be challenged.
However, in your case, it appears that the management does not want to grant long leave to ensure that office work does not suffer, and they are trying to replace her. I don't think any persuasion to management will result in her confirmation. It is the organization's behavior that is reflected in your case. It is advisable to look for another job after delivery.
Regards
From India, Mumbai
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However, in your case, it appears that the management does not want to grant long leave to ensure that office work does not suffer, and they are trying to replace her. I don't think any persuasion to management will result in her confirmation. It is the organization's behavior that is reflected in your case. It is advisable to look for another job after delivery.
Regards
From India, Mumbai
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf