Hi All:
This is Shobha Singajogi working for a software company. I have a query. Presently, there are so many lay-offs in the company. Everyday its a kind of tension, whether the job is secured or not. I am carrying and into 8th month. If suddently they call me tomorrow and inform that you are been terminated, i am not understanding what will be my situation.
My question is : Is there any right in the Indian Law, if a pregnant women is forced to resign from the services or the organization has forced the pregnant women to resign.
I need quick response, so that i can reduce the mental tension. Everyday its a kind of mental torture.
Regards,
Shobha Singajogi
From India
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This is Shobha Singajogi working for a software company. I have a query. Presently, there are so many lay-offs in the company. Everyday its a kind of tension, whether the job is secured or not. I am carrying and into 8th month. If suddently they call me tomorrow and inform that you are been terminated, i am not understanding what will be my situation.
My question is : Is there any right in the Indian Law, if a pregnant women is forced to resign from the services or the organization has forced the pregnant women to resign.
I need quick response, so that i can reduce the mental tension. Everyday its a kind of mental torture.
Regards,
Shobha Singajogi
From India
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Hi,
I was in the same situation. Am pregnant in my 7th month and my HR and boss asked me to resign or take leave without pay. I told them that I donot want to either resign or take leave without pay. Then they said they would terminate me with immediate effect and sent me home. I have received their termination letter which claims that i was a poor performer (which is not true) and my inefficiency has caused my company loss of lacs of rupees. And on humanitarian grounds they are paying me basic salary (only basic not the entire gross or ctc) for 3 months. i then consulted a legal adviser and he said the company had all rights to terminate me and its better for me to first get the final settlement and then i can send out a legal notice. but he also advised me that he cannot tell me that my case would be strong and i can win if i file a suit. But i have read the maternity act which says that an employer is liable to pay maternity benefits to an employee who has worked for atleast 80 days even if the employee is dismissed from work. Am yet to get a confirmation from my legal adviser if it holds good in my case. So think about all these, my termination letter is so bad that i cannot show it to my future employer at any cost. My company is also in a bad situation and they are trying all means to lay off ppl.
From India, Mumbai
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I was in the same situation. Am pregnant in my 7th month and my HR and boss asked me to resign or take leave without pay. I told them that I donot want to either resign or take leave without pay. Then they said they would terminate me with immediate effect and sent me home. I have received their termination letter which claims that i was a poor performer (which is not true) and my inefficiency has caused my company loss of lacs of rupees. And on humanitarian grounds they are paying me basic salary (only basic not the entire gross or ctc) for 3 months. i then consulted a legal adviser and he said the company had all rights to terminate me and its better for me to first get the final settlement and then i can send out a legal notice. but he also advised me that he cannot tell me that my case would be strong and i can win if i file a suit. But i have read the maternity act which says that an employer is liable to pay maternity benefits to an employee who has worked for atleast 80 days even if the employee is dismissed from work. Am yet to get a confirmation from my legal adviser if it holds good in my case. So think about all these, my termination letter is so bad that i cannot show it to my future employer at any cost. My company is also in a bad situation and they are trying all means to lay off ppl.
From India, Mumbai
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In both the above cases the employer is wrong as per law and also on moral grounds. Your position is very strong. You can go to labour office. You should not take tension.
In the meanwhile if it is possible please try to resolve the matter on negotiation basis.
From India, New Delhi
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5In the meanwhile if it is possible please try to resolve the matter on negotiation basis.
From India, New Delhi
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Dear Shobha,
When a company is having problems and retrenching people, there is not much one can do. This is more so in India, where taking legal action may take a long time.
Rather than worrying about what may happen, you are troubled. I sincerely advise you to read the article at Lessons from happiness teacher Swami Anubhavananda, the 'Be Happy' guru - Morning Call and also watch Swami Anubhavananda's lectures on Being Happy at https://www.youtube.com/watch?v=tnmn5QRZQkM.
Worrying during pregnancy is not good, as it will affect the child within you; so, relax and start thinking that whatever happens, happens for the best.
I know it's easy to say without knowing your financial situation.
From United Kingdom
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When a company is having problems and retrenching people, there is not much one can do. This is more so in India, where taking legal action may take a long time.
Rather than worrying about what may happen, you are troubled. I sincerely advise you to read the article at Lessons from happiness teacher Swami Anubhavananda, the 'Be Happy' guru - Morning Call and also watch Swami Anubhavananda's lectures on Being Happy at https://www.youtube.com/watch?v=tnmn5QRZQkM.
Worrying during pregnancy is not good, as it will affect the child within you; so, relax and start thinking that whatever happens, happens for the best.
I know it's easy to say without knowing your financial situation.
From United Kingdom
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Though it is a matter of four years back, it is worth pointing out for projecting the true picture of remedies which were available to her.
Firstly, if she was covered only under the Shops and Establishment Act, then her termination was "without reasonable cause" and could have been set aside. If not nullified, damages would have been awarded by the labor court.
If she was covered under the ID Act, then the termination could have been challenged, and reinstatement was also possible. Maternity benefits admissible to her would have also been awarded in either case of remedy.
From India, New Delhi
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Firstly, if she was covered only under the Shops and Establishment Act, then her termination was "without reasonable cause" and could have been set aside. If not nullified, damages would have been awarded by the labor court.
If she was covered under the ID Act, then the termination could have been challenged, and reinstatement was also possible. Maternity benefits admissible to her would have also been awarded in either case of remedy.
From India, New Delhi
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