Hi All,
As far as its related to court i dont think here in India is any law that can support the company if Managment will terminate her...over all for company personal life is nothing.If she needs Maternity Leaves then company has to provide it.
Aakanksha
From India, Delhi
As far as its related to court i dont think here in India is any law that can support the company if Managment will terminate her...over all for company personal life is nothing.If she needs Maternity Leaves then company has to provide it.
Aakanksha
From India, Delhi
I m really impressed with Mr. Abdul Hameed's and Octavious's views and support their opinion on this. She wants to raise her child being single others sud not bother about it and company sud be more concern about the work not about her personal life and what kind of MNC is this? I went on assignment to Houston and saw quite a no. of single mothers there.
rgds,
j
2rgds,
j
Let alone termination, the organization must come forward to help the woman.
If the organization is worried about moral issues and the organizations reputation; rest assured, the organizations negative decision and reaction may backfire !
The gossip may last for a while, but the employess life will be in for a change depending on this decision.
Even if the girl may have done something morally incorrect, the organization cannot decide to punish her !
Regards,
Shikha
When the mind gives up, follows your heart
From India, Mumbai
If the organization is worried about moral issues and the organizations reputation; rest assured, the organizations negative decision and reaction may backfire !
The gossip may last for a while, but the employess life will be in for a change depending on this decision.
Even if the girl may have done something morally incorrect, the organization cannot decide to punish her !
Regards,
Shikha
When the mind gives up, follows your heart
From India, Mumbai
Dear Friends,
I agree with Anurag & other members. But when a pregnent employee can avail the maternity leave, just 6 weekes before her delivery date. I have doubt that what the management was doing all these days. Also if the person responsible for making her pregnent is working in the same organisation what is the action the management going to take against him. Is the organisations dignity is rested with only one employee ?
She has all the right to go against the company with support of law. So in my opinion your management should not interfear in the personal life of a person. Any where i the Maternity Act it is not mentioned that pregnent employee should be legally married. So my dear friend Joe go ahed and let the management sanction her leave, otherwise if she goes legal the company has to face the consequence.
Regards,
Sree
From United States
I agree with Anurag & other members. But when a pregnent employee can avail the maternity leave, just 6 weekes before her delivery date. I have doubt that what the management was doing all these days. Also if the person responsible for making her pregnent is working in the same organisation what is the action the management going to take against him. Is the organisations dignity is rested with only one employee ?
She has all the right to go against the company with support of law. So in my opinion your management should not interfear in the personal life of a person. Any where i the Maternity Act it is not mentioned that pregnent employee should be legally married. So my dear friend Joe go ahed and let the management sanction her leave, otherwise if she goes legal the company has to face the consequence.
Regards,
Sree
From United States
I agree with Anurag,
Even logically, the ACT does not says that only a married woman can apply for a maternity leave. We should rather respect the individual's decision to being a single parent.
The company should not terminate the employee on moral or ethical ground.
I really thankful to Joe that he come up with such a particular case. Its really appriciating.
Regards
Shailja Singh Apte
From India, Mumbai
Even logically, the ACT does not says that only a married woman can apply for a maternity leave. We should rather respect the individual's decision to being a single parent.
The company should not terminate the employee on moral or ethical ground.
I really thankful to Joe that he come up with such a particular case. Its really appriciating.
Regards
Shailja Singh Apte
From India, Mumbai
As most of our friends have pointed out, you cannot terminate an employee on the grounds that she is pregant outside marriage. The maternity laws too do not state anywhere that only married pregant women can avail of maternity leave.
In trying to protect its reputation, the organisation will end up damaging its own reputation if the lady in questions sues the company for wrongful termination and discrimination.
From India, Pune
In trying to protect its reputation, the organisation will end up damaging its own reputation if the lady in questions sues the company for wrongful termination and discrimination.
From India, Pune
Dear All,
In statuary compliances there is no provision that a married pregnant women can take only these leaves.
She can also take these leaves.
Dear take a humanitarian view in this case as may we do not know what is the condition she is facing.
H.R. means putting own feet in other shoes.
Regards
Ranjeet
(Jeeni)
From India, New Delhi
In statuary compliances there is no provision that a married pregnant women can take only these leaves.
She can also take these leaves.
Dear take a humanitarian view in this case as may we do not know what is the condition she is facing.
H.R. means putting own feet in other shoes.
Regards
Ranjeet
(Jeeni)
From India, New Delhi
Indeed,unless your organisation wants to get into a legal hassle of not allowing a women employee for maternity leave :), terminating her will be one legal hassle and also a shock to the organisations' goodwill (consider what damage a parting disgruntled employee can do)
I do not know the name of the organisation you work for, however if your organsiation claims to be an "equal opportunity employer" an action taken in terms of termination can lead to contradiction of the claim!
I appreciate the feedback that most of our HR fraternity members have given. So, there's nothing much I can add.
It would be in organisations's interest to support her instead, job rotation or work from home is the best idea in case your management fears the so called "social stigma".
HR builds teams...and this is one chance that you've got!
From India, Pune
I do not know the name of the organisation you work for, however if your organsiation claims to be an "equal opportunity employer" an action taken in terms of termination can lead to contradiction of the claim!
I appreciate the feedback that most of our HR fraternity members have given. So, there's nothing much I can add.
It would be in organisations's interest to support her instead, job rotation or work from home is the best idea in case your management fears the so called "social stigma".
HR builds teams...and this is one chance that you've got!
From India, Pune
Hi there,
were you able to find a solution to the problem.....franking the company sud take this as an accident rather than Incident. Companies do help/consider accidents and goes far off to help by extending the leaves with pay.
It was nice case to learn the morality vs. legality vs. human values
Marine
From India, Mumbai
were you able to find a solution to the problem.....franking the company sud take this as an accident rather than Incident. Companies do help/consider accidents and goes far off to help by extending the leaves with pay.
It was nice case to learn the morality vs. legality vs. human values
Marine
From India, Mumbai
Dear All
I have gone through all the conversation in this regard.
Look it has 3 aspects, humanitarian, organizational and legal.
For organization, you see, though it might not be written in the policy, but yes, this is a matter of dignity. None of us like this thing (getting pregnant without marriage) for any of our family member, wether its there in constitution or not.
Being a girl its not that she has accepted or confessed so she should be treated previlaged. I think the organization has the right to terminate her.
As far as the legalitites are concern, if its not clearly mentioned in the policy that its only for married employees that you ppl have to refer back to local law.
I know I have given a very rude and strict statement, which most of ppl wont like, but I have stated the facts rather brutal facts.
Regards,
Sultan Mughal
HR Manager
+92 333 223 1122
From Pakistan, Karachi
I have gone through all the conversation in this regard.
Look it has 3 aspects, humanitarian, organizational and legal.
For organization, you see, though it might not be written in the policy, but yes, this is a matter of dignity. None of us like this thing (getting pregnant without marriage) for any of our family member, wether its there in constitution or not.
Being a girl its not that she has accepted or confessed so she should be treated previlaged. I think the organization has the right to terminate her.
As far as the legalitites are concern, if its not clearly mentioned in the policy that its only for married employees that you ppl have to refer back to local law.
I know I have given a very rude and strict statement, which most of ppl wont like, but I have stated the facts rather brutal facts.
Regards,
Sultan Mughal
HR Manager
+92 333 223 1122
From Pakistan, Karachi
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