Hi, I want to know if I need to take declarations from any employee at the time of joining regarding her pregnancy status. For instance, if an employee joins and later, after 3-4 months of working, she discloses her pregnancy, what actions can an employer take in accordance with the Maternity Act? Is there any provision within the act that allows the employer to restrict the employee's maternity leave period or take any other actions not overruled by the act?
From India, New Delhi
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4From India, New Delhi
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Dear Ms. Hemlata,
Employment is a legal contract between the employer and the employee subject to the provisions of various laws and equitable practices of valid conventions applicable to the said contract. I would request you to go through today's Indian Express e-paper which highlights the judgment of the Punjab and Haryana High Court about women's rights in their employment in the uniformed services.
Imposing such a restrictive covenant like the one you mentioned, in the words of the honorable High Court, tantamounts to "forcing a choice between bearing a child and taking up employment interferes with both a woman's reproductive rights and her right to employment, and such an action has no place in modern India."
Therefore, both actions of the employer you mentioned are illegal.
From India, Salem
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Employment is a legal contract between the employer and the employee subject to the provisions of various laws and equitable practices of valid conventions applicable to the said contract. I would request you to go through today's Indian Express e-paper which highlights the judgment of the Punjab and Haryana High Court about women's rights in their employment in the uniformed services.
Imposing such a restrictive covenant like the one you mentioned, in the words of the honorable High Court, tantamounts to "forcing a choice between bearing a child and taking up employment interferes with both a woman's reproductive rights and her right to employment, and such an action has no place in modern India."
Therefore, both actions of the employer you mentioned are illegal.
From India, Salem
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc