Hello everyone,
My name is Bishan Singh, currently pursuing an MBA from Delhi. I am available to assist any company (Delhi-based) looking to conduct research on their company to identify any flaws or to research their employees, particularly internal customers. Our team consists of experienced faculty members and young, energetic students who can dedicate their time and knowledge to the research.
If anyone is interested, please allow us the opportunity to assist.
Thank you.
Best regards,
Bishan Singh
Mobile no. 9899323833
Attribution: https://www.citehr.com/451856-may-i-...#ixzz2MhHZ5LPb
From India, New Delhi
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2My name is Bishan Singh, currently pursuing an MBA from Delhi. I am available to assist any company (Delhi-based) looking to conduct research on their company to identify any flaws or to research their employees, particularly internal customers. Our team consists of experienced faculty members and young, energetic students who can dedicate their time and knowledge to the research.
If anyone is interested, please allow us the opportunity to assist.
Thank you.
Best regards,
Bishan Singh
Mobile no. 9899323833
Attribution: https://www.citehr.com/451856-may-i-...#ixzz2MhHZ5LPb
From India, New Delhi
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Hi, there. You should wait until the probation period because every company evaluates the performance of employees during this time. If she does not perform satisfactorily after the probation period, then you should terminate her from the job.
Regarding the issue of pregnancy, that should also be considered. If she wants to take leave in this case, then leave should be granted for some days. However, if after completing the leave and probation period she does not perform well and satisfactorily, then you should terminate her.
In this situation, it is essential to consider both as an employee and as a person because in HR, it is necessary to consider both aspects.
From India, Delhi
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Regarding the issue of pregnancy, that should also be considered. If she wants to take leave in this case, then leave should be granted for some days. However, if after completing the leave and probation period she does not perform well and satisfactorily, then you should terminate her.
In this situation, it is essential to consider both as an employee and as a person because in HR, it is necessary to consider both aspects.
From India, Delhi
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Dear all Learned Friends,
I need your suggestions on a case related to pregnancy. A confirmed Sales executive received a performance increment in April 2014 and was put on a PIP in August '14 for one month when she applied for Maternity Leave. The employer placed her on a PIP when she was seven months pregnant. She was so mentally depressed that she delivered a seven-month premature baby, and the doctor also mentioned in the discharge certificate that she is suffering from depression and stress.
Is it legally viable to put a confirmed employee on a PIP because of a fabricated non-performance story? The lady has been working in an MNC Surgical Company as a sales executive for the last two years.
Please suggest.
Regards
From India, Mumbai
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I need your suggestions on a case related to pregnancy. A confirmed Sales executive received a performance increment in April 2014 and was put on a PIP in August '14 for one month when she applied for Maternity Leave. The employer placed her on a PIP when she was seven months pregnant. She was so mentally depressed that she delivered a seven-month premature baby, and the doctor also mentioned in the discharge certificate that she is suffering from depression and stress.
Is it legally viable to put a confirmed employee on a PIP because of a fabricated non-performance story? The lady has been working in an MNC Surgical Company as a sales executive for the last two years.
Please suggest.
Regards
From India, Mumbai
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If, due to her annual performance, she received an increment in April 2014, what targets were assigned after April 2014? If not, it is arbitrary to set new targets in August 2014 after she applied for maternity leave. In fact, it is in violation of section 4(2) and (3) of the Maternity Benefit Act. Though a Performance Improvement Plan (PIP) can be challenged before the concerned authorities under the Act, firstly, examine her primary duties to determine if she falls under the definition of a 'workman' as per the Industrial Disputes Act. If so, then implementing a new PIP is also in violation of section 9A of the Industrial Disputes Act. Take appropriate action under the Industrial Disputes Act and the Maternity Benefit Act.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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In continuation of the above viewpoint, I feel that the employee, being a sales executive of a surgical company, which may be said to fall in the category of a pharmaceutical company, the provisions of the Sales Employees (Conditions of Service) Act, 1976, apply to her. She has to be treated as a workman, and thus under section 38-B of the Bombay Shops and Establishment Act, the provisions of Industrial Employment Standing Orders are applicable to her. If that be so, the only misconduct applicable is "habitual negligence or neglect of work." The proposed action of the employer can never be said to fall under the habitual category, especially just after her giving maternity notice. Thus, any proposed action of the employer can be successfully challenged.
Furthermore, under section 9A of the ID Act, the employer could not have changed conditions of service by laying down new standards of job duties or targets. It also leads to unfair labor practices on the part of the employer when it is acting against the above said provisions of the MB Act.
Thanks,
Sushil
From India, New Delhi
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Furthermore, under section 9A of the ID Act, the employer could not have changed conditions of service by laying down new standards of job duties or targets. It also leads to unfair labor practices on the part of the employer when it is acting against the above said provisions of the MB Act.
Thanks,
Sushil
From India, New Delhi
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Dont terminate her immediately , In your comapny Hr policy didi u mention about termination of preganancy in probation periood. But in performance wise u can check her. First call her & talk to her abt the performance and gice a chance to improve and tell to her if you not improve the management will take immedaite action against u. so chk her improvments and then u cantake nessesary action.
From India, Madras
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From India, Madras
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Act doesn’t say anywhere that if female employee is pregnant and not performing well means you can’t terminate her, but here you have to follow the company policy and whatever you do for such types of employees who is not performing well do it in that way. Here my suggestion is: Extend her probation period by 3 months Issue her a letter that she will be under observation for xyz days if she doesn’t show her good performance that company can take strict action on it. So that company would be in a safer side and make sure don’t take any action abruptly. Regards, Rupendra
From India, New Delhi
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From India, New Delhi
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Pregnancy shall not be taken as a blanket to cover an employee's non performance. It should not be taken as a protective device also. Though by virtue of section 12 of the Maternity Benefit Act, 1961, dismissal or discharge of woman during her absence in accordance with the provisions of the Act (that is during maternity leave days) is unlawful, the provisio to section 12(2) (a) says that dismissal or discharge during this period for any offence of gross misconduct is lawful. Here non performing employee shall be warned and punished as per the existing norms of the company. Pregnancy should not be taken as an armour to continue such misconduct (Non performance is in effect a misconduct) However, in such occasions, the usual practice is to keep mum so as to avoid so many queries and blame of having harassed pregnant woman employee. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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Hi, I am going through the same phase. I asked for a department change so that I can show my performance is not below grade, but my department director is making a case against me. He has to transfer me to another department, but he is not signing and attending the meetings related to this issue. He claims he has a heavy workload and is ill, which prevents him from attending meetings, and no one can pressure him because of his high position. All HR and other departments know that he is harassing me, yet they can't do anything about it.
Now, please advise me on what I should do?
From United Kingdom, undefined
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Now, please advise me on what I should do?
From United Kingdom, undefined
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