Respected seniors,
Please let me know immediately, can a pregnant employee be removed from the job because of absolute non-performance? Please let me know the legal perspective, and how can the company defend itself in such a condition. First of all, the employee had defrauded the company without revealing that she is pregnant.
Deepthi
From India, Hyderabad
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1Please let me know immediately, can a pregnant employee be removed from the job because of absolute non-performance? Please let me know the legal perspective, and how can the company defend itself in such a condition. First of all, the employee had defrauded the company without revealing that she is pregnant.
Deepthi
From India, Hyderabad
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Dear Deepthi,
Pregnancy and non-performance are absolutely two unconnected issues. Has the non-performance been proved? Were the warning letters issued for non-performance? Has the enquiry been conducted before termination? Did the employee communicate to the HR Department about her pregnancy? If yes, then when and how was it communicated? There are so many questions associated with your post. Please provide further information.
Thanks,
Dinesh Divekar
From India, Bangalore
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Pregnancy and non-performance are absolutely two unconnected issues. Has the non-performance been proved? Were the warning letters issued for non-performance? Has the enquiry been conducted before termination? Did the employee communicate to the HR Department about her pregnancy? If yes, then when and how was it communicated? There are so many questions associated with your post. Please provide further information.
Thanks,
Dinesh Divekar
From India, Bangalore
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She joined the organization in September, and her delivery due date is in April. This itself indicates that she did not disclose her pregnancy at the time of joining. Her non-performance was evidenced by emails and was also communicated to her via emails. She has not been terminated yet, but she has mentioned that she will go to court for her defense.
From India, Hyderabad
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From India, Hyderabad
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Apart from what Mr. Dinesh has mentioned, not revealing pregnancy by an employee cannot be termed has fraud and that cannot be the reason for denial of Maternity Benefits if it is so.
From India, Ahmadabad
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From India, Ahmadabad
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Firstly, please refer to Section 5(2) of the Maternity Benefit Act, 1961. No woman is entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 160 days in twelve months. You said she joined in April. (I fail to understand why it took you so long to take action against her and waited for such a long period).
Evidently, she is eligible for the Maternity Benefit Act.
Also, please refer to Section 12, Subsection 2(a) for dismissal during absence or pregnancy. The termination of such a woman at any time during the pregnancy, the woman is entitled to Maternity benefit or Medical Bonus referred to in Section 8 of the Maternity Benefit Act, 1961, and shall not have the effect of depriving her of the maternity benefit or medical bonus.
In simple words, the Act forbids you to dismiss a pregnant woman during her pregnancy period. Even if you dismiss her citing professional reasons (under Section 12, 2(a)), she is still entitled to the benefits under the act.
From India, Mumbai
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Evidently, she is eligible for the Maternity Benefit Act.
Also, please refer to Section 12, Subsection 2(a) for dismissal during absence or pregnancy. The termination of such a woman at any time during the pregnancy, the woman is entitled to Maternity benefit or Medical Bonus referred to in Section 8 of the Maternity Benefit Act, 1961, and shall not have the effect of depriving her of the maternity benefit or medical bonus.
In simple words, the Act forbids you to dismiss a pregnant woman during her pregnancy period. Even if you dismiss her citing professional reasons (under Section 12, 2(a)), she is still entitled to the benefits under the act.
From India, Mumbai
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Dear Seniors Pregnancy is not at all the REASON .She is a proved non performer we were initially also ready to give maternity leave but she is now trying to use her situation .
From India, Hyderabad
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From India, Hyderabad
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Dear Brijendra she joined in Sept.not April.and we did not think any thing as she is was intially giving us a picture that she is doing good.
From India, Hyderabad
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From India, Hyderabad
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sir ours is a proprietor concern do you still think all the above rules apply.
From India, Hyderabad
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From India, Hyderabad
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Dear friends , 160 days criteria is old story prior to 10.1.1989. Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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