Hi All,
This is Shobha Singajogi working for a software company. I have a query. Presently, there are so many layoffs in the company. Every day it's a kind of tension, whether the job is secured or not. I am currently in my 8th month. If suddenly they call me tomorrow and inform that you are terminated, I am not understanding what my situation will be.
My question is: Is there any right in Indian law if a pregnant woman is forced to resign from the services or if the organization forces a pregnant woman to resign?
I need a quick response so that I can reduce the mental tension. Every day it's 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 layoffs in the company. Every day it's a kind of tension, whether the job is secured or not. I am currently in my 8th month. If suddenly they call me tomorrow and inform that you are terminated, I am not understanding what my situation will be.
My question is: Is there any right in Indian law if a pregnant woman is forced to resign from the services or if the organization forces a pregnant woman to resign?
I need a quick response so that I can reduce the mental tension. Every day it's a kind of mental torture.
Regards,
Shobha Singajogi
From India
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Hi,
I was in the same situation. I 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 do not 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 a loss of lakhs of rupees. On humanitarian grounds, they are paying me basic salary (only basic, not the entire gross or CTC) for 3 months.
I consulted a legal adviser, and he said the company had all rights to terminate me, and it is better for me to first get the final settlement and then send out a legal notice. However, he also advised me that he cannot guarantee that my case would be strong or that I would win if I file a suit. I have read the Maternity Act, which states that an employer is liable to pay maternity benefits to an employee who has worked for at least 80 days, even if the employee is dismissed from work. I am yet to get confirmation from my legal adviser if this holds good in my case.
Considering all these factors, my termination letter is so unfavorable that I cannot show it to my future employer at any cost. My company is also in a difficult situation, and they are trying all means to lay off people.
From India, Mumbai
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I was in the same situation. I 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 do not 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 a loss of lakhs of rupees. On humanitarian grounds, they are paying me basic salary (only basic, not the entire gross or CTC) for 3 months.
I consulted a legal adviser, and he said the company had all rights to terminate me, and it is better for me to first get the final settlement and then send out a legal notice. However, he also advised me that he cannot guarantee that my case would be strong or that I would win if I file a suit. I have read the Maternity Act, which states that an employer is liable to pay maternity benefits to an employee who has worked for at least 80 days, even if the employee is dismissed from work. I am yet to get confirmation from my legal adviser if this holds good in my case.
Considering all these factors, my termination letter is so unfavorable that I cannot show it to my future employer at any cost. My company is also in a difficult situation, and they are trying all means to lay off people.
From India, Mumbai
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In both of the above cases, the employer is wrong as per the law and also on moral grounds. Your position is very strong. You can go to the labor office. You should not take tension.
In the meanwhile, if it is possible, please try to resolve the matter on a negotiation basis.
From India, New Delhi
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4In the meanwhile, if it is possible, please try to resolve the matter on a negotiation basis.
From India, New Delhi
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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.
Legal Remedies for Unjust Termination
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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Legal Remedies for Unjust Termination
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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Right to payment of maternity benefits.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf