Hi Please suggest Can Organisation terminate pregnant employee . It has not been informed by the employer that she is pregnant Although company is not terminating her on that basis.
From India, Mumbai
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2From India, Mumbai
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First, what is the reason for termination? If she is on leave without notice, then the employer should send a notice. However, as per the law, the employer does not terminate a woman if she is pregnant and has taken leave or is unwell.
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From India, Pune
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I have corrected the spelling, grammar, and punctuation errors in the text and ensured proper paragraph formatting. Let me know if you need further assistance.
From India, Pune
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Hi Kirti and Mr Nathrao , Thank you for your revert Termination is not on ground of her pregnancy . there is no any written application for same and She is not on maternity Leave .
From India, Mumbai
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From India, Mumbai
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If you want help from the members it’s a better idea to post full details, not cryptic statements that do not convey the actual situation
From India, Mumbai
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From India, Mumbai
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Hello Shweta,
You may not like this....
I think it's appropriate to remind you that this is a forum for knowledge sharing through resolving real-time/life HR issues, situations, and problems.
And what's the answer you are expecting from this forum by your response of "Termination is not on the grounds of her pregnancy" to Nathrao's query "What are the grounds on which she is being terminated?"?
Nathrao asked for the actual reason, and you reply by saying 'XXX' is not the reason?
Everyone in HR knows that termination can happen due to any of a thousand and one reasons, and a solution for one cause can't be the solution for other reasons. If you are not in HR, excuse me for presuming that you too are an HR professional.
Frankly, your response, cryptic as mentioned by Saswata, gives an impression that all's not above board in the termination reasons or process.
It's up to you to either give the full and complete picture or not.
No member loses out here by not sharing their experiences to help out others avoid making mistakes when they can be avoided. It's the one who wishes to take advice who ultimately loses out on the essence of experience that's available in CiteHR for free when he/she gives incomplete inputs.
Actionable suggestions/solutions can come only when the inputs are complete and, in some instances (may not apply to you), without half-truths.
And it's only fair that persons who spare their time and effort (despite much busier schedules than many thread initiators) not be insulted by presuming that senior members of the HR profession are all eagerly waiting to serve like waiters in a restaurant. Please give some credit to others' time and intelligence.
Regards,
TS
From India, Hyderabad
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You may not like this....
I think it's appropriate to remind you that this is a forum for knowledge sharing through resolving real-time/life HR issues, situations, and problems.
And what's the answer you are expecting from this forum by your response of "Termination is not on the grounds of her pregnancy" to Nathrao's query "What are the grounds on which she is being terminated?"?
Nathrao asked for the actual reason, and you reply by saying 'XXX' is not the reason?
Everyone in HR knows that termination can happen due to any of a thousand and one reasons, and a solution for one cause can't be the solution for other reasons. If you are not in HR, excuse me for presuming that you too are an HR professional.
Frankly, your response, cryptic as mentioned by Saswata, gives an impression that all's not above board in the termination reasons or process.
It's up to you to either give the full and complete picture or not.
No member loses out here by not sharing their experiences to help out others avoid making mistakes when they can be avoided. It's the one who wishes to take advice who ultimately loses out on the essence of experience that's available in CiteHR for free when he/she gives incomplete inputs.
Actionable suggestions/solutions can come only when the inputs are complete and, in some instances (may not apply to you), without half-truths.
And it's only fair that persons who spare their time and effort (despite much busier schedules than many thread initiators) not be insulted by presuming that senior members of the HR profession are all eagerly waiting to serve like waiters in a restaurant. Please give some credit to others' time and intelligence.
Regards,
TS
From India, Hyderabad
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Dear Shweta041 and Learned Members,
I am providing section 12 of the MB Act (which Nathro did mention) verbatim below as a ready reference for all of you.
"Section 12: Dismissal during absence of pregnancy
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(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 communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.
(c) Nothing contained in this subsection shall affect the provisions contained in subsection (1)."
The answer to the query one should be found from this section.
From India, Mumbai
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I am providing section 12 of the MB Act (which Nathro did mention) verbatim below as a ready reference for all of you.
"Section 12: Dismissal during absence of pregnancy
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(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 communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.
(c) Nothing contained in this subsection shall affect the provisions contained in subsection (1)."
The answer to the query one should be found from this section.
From India, Mumbai
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I do not know why you are even bothering to explain so much. I think it's better that for those who don't give replies or do not explain, we ignore and move on to the next question. We do not owe anyone an explanation for not giving them their solution.
From India, Mumbai
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From India, Mumbai
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Dear Saswata ji,
I feel we are not answering any person but their query. We are here to enhance our knowledge, sharing what we have with others on the topic under discussion. In this particular thread, I had an opportunity to reproduce section 12 of the MB Act and advise members to find the answer from this section. This is the perspective of an ordinary contributing member of this forum.
From India, Mumbai
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I feel we are not answering any person but their query. We are here to enhance our knowledge, sharing what we have with others on the topic under discussion. In this particular thread, I had an opportunity to reproduce section 12 of the MB Act and advise members to find the answer from this section. This is the perspective of an ordinary contributing member of this forum.
From India, Mumbai
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Dear All,
I must appreciate Mr. Korgaonkar and Mr. Nathrao for sharing Section 12 of the Maternity Benefit Act. It is the responsibility of an HR professional to educate the employer and the business leaders about the pros and cons of industrial law. That's where HR has an edge over the other functions.
Cite HR is the platform where knowledge is acquired, shared, and implemented.
Regards,
Dinesh
Positive Touchpoints
From India, Calcutta
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I must appreciate Mr. Korgaonkar and Mr. Nathrao for sharing Section 12 of the Maternity Benefit Act. It is the responsibility of an HR professional to educate the employer and the business leaders about the pros and cons of industrial law. That's where HR has an edge over the other functions.
Cite HR is the platform where knowledge is acquired, shared, and implemented.
Regards,
Dinesh
Positive Touchpoints
From India, Calcutta
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Hi, Thank you everyone for your valuable time and sharing your answers. My intention was not to waste anyone's time and effort here; I just need some clarity as per legal perspective on the secure and safe process for terminating an employee who is pregnant. As I was receiving many different answers, I posted this query here as we have lots of expertise from HR legal practice.
Thank you Nathrao, Saswatabanerjee, Kirti, and tajsateesh. I will provide clear details moving forward but I got my answer initially.
Thank you Korgaonkar for your support. You are right; we are here to enhance and share our knowledge and to have the best sharing experience.
From India, Mumbai
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Thank you Nathrao, Saswatabanerjee, Kirti, and tajsateesh. I will provide clear details moving forward but I got my answer initially.
Thank you Korgaonkar for your support. You are right; we are here to enhance and share our knowledge and to have the best sharing experience.
From India, Mumbai
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