I work in one of the big startups in Bangalore & I am 4th month pregnant. I have been asked by my employer to submit my resignation. They told me that my position doesn’t exist in the company anymore. They literally tortured me whole day in a conference room to resign. I am resisting to resign. I have not done any mis-conduct or they have not informed me about any performance related issue. My Manager says that this is not related to performance but it is happening due to cost cutting. I had informed my manager orally about my pregnancy last month itself.
My question is that - Can a company fire a pregnant lady under the new Maternity Benefit law if there is no mis-conduct or performance issue? And Can I challenge it in Labor court ?
Thanks
Anonymous Lady
From India, Bengaluru
My question is that - Can a company fire a pregnant lady under the new Maternity Benefit law if there is no mis-conduct or performance issue? And Can I challenge it in Labor court ?
Thanks
Anonymous Lady
From India, Bengaluru
Dear member,
What has happened with you is unfortunate. Instead of orally, you could have informed officially to your employers about your pregnancy after first trimester with valid medical certificate. By the way, since when are you working in current company? We need to know this to assess eligibility to avail of maternity leave.
Anyway, have you resigned from your post? Whether you have resigned or not, approach Labour Office of your area. Give a written complaint for pressurising you to resign because of your pregnancy. Further Labour Officer (LO) will guide you. No need to approach any lawyer as such. Matter could be handled at the level of LO itself.
All the best!
Dinesh Divekar
From India, Bangalore
7884What has happened with you is unfortunate. Instead of orally, you could have informed officially to your employers about your pregnancy after first trimester with valid medical certificate. By the way, since when are you working in current company? We need to know this to assess eligibility to avail of maternity leave.
Anyway, have you resigned from your post? Whether you have resigned or not, approach Labour Office of your area. Give a written complaint for pressurising you to resign because of your pregnancy. Further Labour Officer (LO) will guide you. No need to approach any lawyer as such. Matter could be handled at the level of LO itself.
All the best!
Dinesh Divekar
From India, Bangalore
Thanks Dinesh,
I have not resigned till now or neither they have terminated me now. They have given time till Monday. Can I send mail regarding my pregnancy with all medical certificate today ?
I am working since 8th Feb 2016.
I have one more question - As per the 1961 maternity benefit law - "(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both."
Are they entitled to provide me maternity benefit if they terminate me ?
I will be visiting Labor office soon.
Thanks
Anonymous Lady
From India, Bengaluru
I have not resigned till now or neither they have terminated me now. They have given time till Monday. Can I send mail regarding my pregnancy with all medical certificate today ?
I am working since 8th Feb 2016.
I have one more question - As per the 1961 maternity benefit law - "(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both."
Are they entitled to provide me maternity benefit if they terminate me ?
I will be visiting Labor office soon.
Thanks
Anonymous Lady
From India, Bengaluru
Dear member,
Good to note that you have apprised yourself with the maternity benefit act. However, what you have referred is old act and new act came into effect from 28-03-2017.
Since you are working in the company since Feb 2016, you are eligible for maternity leave.
As far as your termination is concerned, there has to be sufficient ground for the termination. Termination can be because of misconduct or poor performance. In either case, your employer need to conduct domestic enquiry and maintain principle of natural justice. Since no enquiry has been conducted, they cannot terminate you.
As said in the previous post, approach the labour office of your area immediately. In the meanwhile, you may intimate your employer officially about your pregnancy. Send an email but submit hard copy as early as possible and take signature of HR or any other authority for having received your application.
Thanks,
Dinesh Divekar
From India, Bangalore
Good to note that you have apprised yourself with the maternity benefit act. However, what you have referred is old act and new act came into effect from 28-03-2017.
Since you are working in the company since Feb 2016, you are eligible for maternity leave.
As far as your termination is concerned, there has to be sufficient ground for the termination. Termination can be because of misconduct or poor performance. In either case, your employer need to conduct domestic enquiry and maintain principle of natural justice. Since no enquiry has been conducted, they cannot terminate you.
As said in the previous post, approach the labour office of your area immediately. In the meanwhile, you may intimate your employer officially about your pregnancy. Send an email but submit hard copy as early as possible and take signature of HR or any other authority for having received your application.
Thanks,
Dinesh Divekar
From India, Bangalore
are you Confirmed in your Employment? What is your Gross Salary & Designation?
From India, New Delhi
From India, New Delhi
Thanks Dinesh for the suggestion,
I have sent my medical reports to company HR and they have acknowledged the mail. I will talk to them on Monday before taking any action.
Srinath - I am a confirmed employee & have been in company for more than 1 year. My designation is Team Lead (below the managerial level) and my yearly CTC is in 7 figures and my gross annual salary is in 6 figures.
From India, Bengaluru
I have sent my medical reports to company HR and they have acknowledged the mail. I will talk to them on Monday before taking any action.
Srinath - I am a confirmed employee & have been in company for more than 1 year. My designation is Team Lead (below the managerial level) and my yearly CTC is in 7 figures and my gross annual salary is in 6 figures.
From India, Bengaluru
You can not approach Labour Court by virtue of your Position(Team leader) & present Salary Drawn.Further, you are in 4th Month of Pregnancy, Consequently the question of extending Maternity Benefit Act also does not arise.You are eligible for Notice Pay as per the terms of Appointment mutually agreed & accepted.Nothing prevents the Employer from Terminating your Service as per the termination Clause of Appointment
From India, New Delhi
From India, New Delhi
Dear HR Member,
If the management fire you or terminate you or take the resignation against your will, then post your problem at Prime Minister app and upload your proof of pregnancy and the letter of termination/ resignation. The prime minister listens to it. Also you can record your appeal to prime minister and upload the recording. But this course should be utilized as a last resort.
Regards,
Surender Kumar
GM HR
From India, New Delhi
If the management fire you or terminate you or take the resignation against your will, then post your problem at Prime Minister app and upload your proof of pregnancy and the letter of termination/ resignation. The prime minister listens to it. Also you can record your appeal to prime minister and upload the recording. But this course should be utilized as a last resort.
Regards,
Surender Kumar
GM HR
From India, New Delhi
Dear madam,
I beg to disagree with mr Shrinath. Since you have put in one year's service, you are entitled to MB irrespective of your status and salary. That doesn't bar you. Please inform immediately about your pregnancy with certificate to the co and your needing Mat Leave at an appropriate time.The company is legally bound to grant you ML and medical bonus and are legally precluded from any action of termination during the pregnancy/ML. Rest assured .But go on record instead of verbal communications.Also donot resign at any cost.
The company will dare not terminate you and if it does, it will be patently in violation of MB act and you certainly have strong legal remedy.
Regards
V.L.Nagarkar
HR-CONSULTANT
From India, Mumbai
I beg to disagree with mr Shrinath. Since you have put in one year's service, you are entitled to MB irrespective of your status and salary. That doesn't bar you. Please inform immediately about your pregnancy with certificate to the co and your needing Mat Leave at an appropriate time.The company is legally bound to grant you ML and medical bonus and are legally precluded from any action of termination during the pregnancy/ML. Rest assured .But go on record instead of verbal communications.Also donot resign at any cost.
The company will dare not terminate you and if it does, it will be patently in violation of MB act and you certainly have strong legal remedy.
Regards
V.L.Nagarkar
HR-CONSULTANT
From India, Mumbai
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