Hello friends. I am working in a reputed company and have completed 8 years of service. Now, I am six months pregnant. My HR is informing me that my performance is poor and the role has been closed, asking me to resign. This job is my only source of income, and my husband's income is not enough to support our family. I am very upset and don't know what to do. Kindly suggest a solution.
From India, Chennai
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From India, Chennai
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Have you officially informed the company about your condition? Section 12 of the Maternity Benefit Act is relevant in this condition.
Extract:
12. Dismissal during absence or pregnancy. -- (1) Where 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.
Have you been warned earlier about poor performance? Officially inform the company about your medical condition. Seek legal advice. The law is on your side. Do not worry, but you will have to boldly take up the matter with your company and the labor officer of the area if the company persists with their plan of termination.
From India, Pune
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3180Extract:
12. Dismissal during absence or pregnancy. -- (1) Where 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.
Have you been warned earlier about poor performance? Officially inform the company about your medical condition. Seek legal advice. The law is on your side. Do not worry, but you will have to boldly take up the matter with your company and the labor officer of the area if the company persists with their plan of termination.
From India, Pune
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Thank you, sir. However, I have not been informed about my poor performance before. Until last year, I received an appraisal. During my appraisal, they mentioned that I need to improve my performance. That's it. Additionally, I received many appreciations two to three years ago. I have been working sincerely for the organization from 2009 till date.
After eight years, the company is now informing me that my performance is very low, my position has been closed, and this is the stance the company is taking. They have suggested that I should check the ML Act, but I am not familiar with that act. I have requested the company to provide me with a termination letter, but they have refused. Therefore, I have decided to resign from my job. They have agreed to provide me with one month's salary as the best they can do for me.
From India, Chennai
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After eight years, the company is now informing me that my performance is very low, my position has been closed, and this is the stance the company is taking. They have suggested that I should check the ML Act, but I am not familiar with that act. I have requested the company to provide me with a termination letter, but they have refused. Therefore, I have decided to resign from my job. They have agreed to provide me with one month's salary as the best they can do for me.
From India, Chennai
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Dear,
You should have informed the company about your pregnancy through some written proof like email. If you haven't done it yet, then do it. Once a company is informed about an employee's pregnancy, they can't ask the employee to leave citing reasons like poor performance or any other excuses. In this case, the law will be in your favor.
But if they issue a warning letter or notice of termination before being informed about the pregnancy, it might be in their favor as most appointment letters contain a standard clause stating, "both sides may terminate the employment by giving 1/2/3 months' notice or salary in lieu, without citing any reason."
Act accordingly. Simply write a letter to them informing about your pregnancy and request for a leave of 6 weeks prior to delivery and 6 weeks after delivery. Also, please attach the medical reports along with the email. This should be done only if they haven't sent any emails to you regarding termination or resignation.
I hope this information will be helpful to you.
From India, Delhi
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You should have informed the company about your pregnancy through some written proof like email. If you haven't done it yet, then do it. Once a company is informed about an employee's pregnancy, they can't ask the employee to leave citing reasons like poor performance or any other excuses. In this case, the law will be in your favor.
But if they issue a warning letter or notice of termination before being informed about the pregnancy, it might be in their favor as most appointment letters contain a standard clause stating, "both sides may terminate the employment by giving 1/2/3 months' notice or salary in lieu, without citing any reason."
Act accordingly. Simply write a letter to them informing about your pregnancy and request for a leave of 6 weeks prior to delivery and 6 weeks after delivery. Also, please attach the medical reports along with the email. This should be done only if they haven't sent any emails to you regarding termination or resignation.
I hope this information will be helpful to you.
From India, Delhi
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Thank you, Mr. Sujan. Based on your suggestion, I have officially informed them today about my pregnancy and requested maternity leave. Actually, on Friday, they orally informed me, but I am yet to receive any kind of email or letter from them.
From India, Chennai
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From India, Chennai
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I have informed the company about my pregnancy today. I am afraid if they give any warning letter on my performance after seeing my mail. Kindly suggest how should I face the situation.
From India, Chennai
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From India, Chennai
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"I am afraid if they give any warning letter on my performance after seeing my mail."
You are protected by law to a great extent. It is not all that simple to take action against a lady employee who has asked for maternity leave and intimated her medical condition to the employer.
From India, Pune
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You are protected by law to a great extent. It is not all that simple to take action against a lady employee who has asked for maternity leave and intimated her medical condition to the employer.
From India, Pune
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Thank you Mr. Nathrao & Sujan Roy for the suggestion and support. Just wanted to update you on my situation. Yesterday, I was waiting for HR to call me for a discussion. Later in the evening, my manager informed me that HR would get back to me in a couple of days. I am uncertain about what will happen next, so I will wait for their decision. In the meantime, my blood pressure and sugar levels have spiked, and I am taking medication while still coming to the office regularly. However, I have not been assigned any tasks and have been idle all day.
From India, Chennai
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From India, Chennai
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"Meanwhile, my blood pressure and sugar levels were shooting up, and I was taking medicines and coming to the office regularly.
Take care of your health. Do not worry, as the law is on your side. If you have to go legal, collect papers and emails, and be ready for legal remedies. Inform the local Labour officer about the company's actions."
From India, Pune
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Take care of your health. Do not worry, as the law is on your side. If you have to go legal, collect papers and emails, and be ready for legal remedies. Inform the local Labour officer about the company's actions."
From India, Pune
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