Unjust Termination and Maternity Rights
I was working in an IT services firm of 100+ employees in Noida until this Friday. It all started in June 2020 when I stood up for the right thing to the founders of my company (an IT services firm with 100+ employees) and the restoration of the HR department's respect. One of the founders used the word "vindictive" for the HR department, and since I was the head of HR, I had to stand up against the usage of such words. I supported my case with evidence that this word was wrongly used for us, leading to unrest and a loss of faith in me and my team.
Since the founders are highly autocratic, they did not take my raising of voice in good spirits and started creating a hostile environment for me:
First, the founder directly asked me to resign because they didn't like my personality and behavior (which, by the way, was always very professional and polite towards them).
When I refused to resign and expressed my willingness to work out a solution six times, they demoted me, changed my role, stripped me of all my power and authority as a department head, removed all my reports, made me report to a peer, excluded me from leadership meetings and decisions, and assigned me tasks of a more junior level, all under the guise of 'Organizational Restructuring', though the real agenda was to force me to resign.
This treatment persisted for a good four months in their attempt to humiliate me to the extent that I would resign voluntarily.
When their plan did not succeed, they finally announced that they were firing me last Friday. Now, the issue is that I am pregnant and due in December. When I informally shared news of my pregnancy with my reporting manager towards the end of my second trimester (after all the above incidents had occurred), she informed the company's management, who then unjustly created unnecessary performance problems for me over a month or so to dismiss me just days before I intended to formally request my maternity leave, thus avoiding paying me maternity benefits. They are now refusing to provide me with maternity benefits, citing my termination.
PS: I had formally submitted a request for maternity leave on the day they informed me of my termination! In this situation, I am unable to seek alternative employment and am facing a significant financial setback. This situation is causing immense mental and physical stress during my pregnancy and may harm my unborn child.
I kindly request your assistance in this matter. The founder of the company resides in Canada and is involved in this decision as he instructed them to take this course of action. He is the ultimate decision-maker in the company.
I humbly seek your help, opinion, or advice in securing my rights as per the laws of the land. I would be deeply grateful for any support you can provide. Please let me know if you require any further details regarding my case; I would be happy to share.
Thank you.
From India, New Delhi
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I was working in an IT services firm of 100+ employees in Noida until this Friday. It all started in June 2020 when I stood up for the right thing to the founders of my company (an IT services firm with 100+ employees) and the restoration of the HR department's respect. One of the founders used the word "vindictive" for the HR department, and since I was the head of HR, I had to stand up against the usage of such words. I supported my case with evidence that this word was wrongly used for us, leading to unrest and a loss of faith in me and my team.
Since the founders are highly autocratic, they did not take my raising of voice in good spirits and started creating a hostile environment for me:
First, the founder directly asked me to resign because they didn't like my personality and behavior (which, by the way, was always very professional and polite towards them).
When I refused to resign and expressed my willingness to work out a solution six times, they demoted me, changed my role, stripped me of all my power and authority as a department head, removed all my reports, made me report to a peer, excluded me from leadership meetings and decisions, and assigned me tasks of a more junior level, all under the guise of 'Organizational Restructuring', though the real agenda was to force me to resign.
This treatment persisted for a good four months in their attempt to humiliate me to the extent that I would resign voluntarily.
When their plan did not succeed, they finally announced that they were firing me last Friday. Now, the issue is that I am pregnant and due in December. When I informally shared news of my pregnancy with my reporting manager towards the end of my second trimester (after all the above incidents had occurred), she informed the company's management, who then unjustly created unnecessary performance problems for me over a month or so to dismiss me just days before I intended to formally request my maternity leave, thus avoiding paying me maternity benefits. They are now refusing to provide me with maternity benefits, citing my termination.
PS: I had formally submitted a request for maternity leave on the day they informed me of my termination! In this situation, I am unable to seek alternative employment and am facing a significant financial setback. This situation is causing immense mental and physical stress during my pregnancy and may harm my unborn child.
I kindly request your assistance in this matter. The founder of the company resides in Canada and is involved in this decision as he instructed them to take this course of action. He is the ultimate decision-maker in the company.
I humbly seek your help, opinion, or advice in securing my rights as per the laws of the land. I would be deeply grateful for any support you can provide. Please let me know if you require any further details regarding my case; I would be happy to share.
Thank you.
From India, New Delhi
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Dear Anikta, it is unfortunate to note what has happened to you. Alas, you could have approached this forum a little earlier.
You were the HR Head of the company. Therefore, a few employees from the HR Department must have reported to you. Consequently, provisions of the I.D. Act, 1947 do not apply to you. Notwithstanding the non-applicability of the said act to you, I recommend you approach the Labour Officer of your area. Though officially he is not supposed to take up your case, he/she might take it up. File a complaint there and let us see what happens.
If the labor office does not give the desired response, then you may approach the National Council for Women (NCW) of your area. But then their interest lies in handling sensitive cases like physical assault, harassment, etc., and it remains to be seen whether they will be interested in your case.
The last resort is to file a suit against your employer. However, as you know, civil cases drag on for years together, and it could take anything from 10 to 20 years to get a verdict.
Thanks,
Dinesh Divekar
From India, Bangalore
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8046You were the HR Head of the company. Therefore, a few employees from the HR Department must have reported to you. Consequently, provisions of the I.D. Act, 1947 do not apply to you. Notwithstanding the non-applicability of the said act to you, I recommend you approach the Labour Officer of your area. Though officially he is not supposed to take up your case, he/she might take it up. File a complaint there and let us see what happens.
If the labor office does not give the desired response, then you may approach the National Council for Women (NCW) of your area. But then their interest lies in handling sensitive cases like physical assault, harassment, etc., and it remains to be seen whether they will be interested in your case.
The last resort is to file a suit against your employer. However, as you know, civil cases drag on for years together, and it could take anything from 10 to 20 years to get a verdict.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thanks for your response but does this means that in India a female employee being deprived of fundamental right of maternity cannot get the lawful relief & justice?
From India, New Delhi
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From India, New Delhi
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Although your termination as Head of HR appears too sudden, as per the contents of the post, the process had started four months ago. So, you must be aware of the game plan of your termination/resignation.
During this time, if you were pregnant, you should have sent an intimation regarding the same with a doctor's certificate and also your likely date of proceeding on maternity leave as per the Maternity Benefit Act. If you had ensured this, you would have safeguarded your services. Even if the management terminated your services thereafter, it would be a clear breach of the provisions of the MB Act, and you would have had legal remedy available to you. Submitting maternity leave on the date of termination is cutting it too fine and may not hold water.
You have lost a golden opportunity. Since you are in the managerial category of employees, you have no remedy available under any labor laws.
You can file a civil suit for your termination, which has culminated after long harassment and mental torture to you, and ask for damages. Also, knock on the doors of the Local Women's Council for the injustice and callous treatment meted out to you when you are about to start your motherhood.
Regards,
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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During this time, if you were pregnant, you should have sent an intimation regarding the same with a doctor's certificate and also your likely date of proceeding on maternity leave as per the Maternity Benefit Act. If you had ensured this, you would have safeguarded your services. Even if the management terminated your services thereafter, it would be a clear breach of the provisions of the MB Act, and you would have had legal remedy available to you. Submitting maternity leave on the date of termination is cutting it too fine and may not hold water.
You have lost a golden opportunity. Since you are in the managerial category of employees, you have no remedy available under any labor laws.
You can file a civil suit for your termination, which has culminated after long harassment and mental torture to you, and ask for damages. Also, knock on the doors of the Local Women's Council for the injustice and callous treatment meted out to you when you are about to start your motherhood.
Regards,
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Though our learned senior member Mr. Dinesh has provided a very practical and realistic solution, I would like to add some important points:
Considerations for Legal Action
1. Any problem can't be bigger than a peaceful life. I understand what happened to you was of a severe category, but the pregnancy phase for a woman is all the more important for herself and the family as well. Please note that such a fight is not a single-day decision. Moreover, the coming period will be more difficult for you. It could take time, multiple visits to the Labour/Civil Court, a lot of expenditure, and a loss of mental peace as well. So, don't panic, keep calm, and make your decision considering all aspects.
2. First, take your family's consent as well. If all agree and give consent, then choose the appropriate way. I suggest creating some pressure through the Labour Court. But if the matter prolongs, you have to decide whether to file a suit in civil court. In my opinion, your case is very strong, and you can win. However, it may be a little or more difficult as well.
3. Please clarify whether the company has issued any termination letter/email to you or not. Please don't accept any such letter. If sent through email, give an appropriate reply with justified reasons. I think the company can't terminate an employee (of such a higher cadre) without any due justified reason. If they don't allow you on the premises, then write an email to the management.
4. Please confirm whether your office is located in Delhi. I usually go to various Labour Offices in Delhi for my company compliance matters. Though I don’t have any strong link, I can ask them whether and at what level your case can be taken up.
5. First, go through all aspects, and if you agree to the labour court option, then do let me know your office area.
From India, Delhi
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Considerations for Legal Action
1. Any problem can't be bigger than a peaceful life. I understand what happened to you was of a severe category, but the pregnancy phase for a woman is all the more important for herself and the family as well. Please note that such a fight is not a single-day decision. Moreover, the coming period will be more difficult for you. It could take time, multiple visits to the Labour/Civil Court, a lot of expenditure, and a loss of mental peace as well. So, don't panic, keep calm, and make your decision considering all aspects.
2. First, take your family's consent as well. If all agree and give consent, then choose the appropriate way. I suggest creating some pressure through the Labour Court. But if the matter prolongs, you have to decide whether to file a suit in civil court. In my opinion, your case is very strong, and you can win. However, it may be a little or more difficult as well.
3. Please clarify whether the company has issued any termination letter/email to you or not. Please don't accept any such letter. If sent through email, give an appropriate reply with justified reasons. I think the company can't terminate an employee (of such a higher cadre) without any due justified reason. If they don't allow you on the premises, then write an email to the management.
4. Please confirm whether your office is located in Delhi. I usually go to various Labour Offices in Delhi for my company compliance matters. Though I don’t have any strong link, I can ask them whether and at what level your case can be taken up.
5. First, go through all aspects, and if you agree to the labour court option, then do let me know your office area.
From India, Delhi
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Adding to the expert members' views and comments mentioned above, I would also like to contribute to your case. Whatever communications, by way of letters or emails, sent by the company to you and your replies—copies should be kept by you for future action. This is important in case you decide to challenge your termination in a court of law. As learned members have promised to help you, please feel free to proceed.
From India, Aizawl
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From India, Aizawl
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Sincere thanks to the experts who have opined on this matter. Really appreciate it, and more opinions are most welcome!
Clarification of Points
1. The company has an office in Noida, but their registration is in Delhi.
2. They have only sent an email stating that "my services have been discontinued with immediate effect" without mentioning any reasons.
3. Since they blocked all my official accesses immediately after the video call, all communication is happening to and from my personal email ID; hence, I have all the copies.
4. To reiterate, I was being forced to accept low ratings and be reflected as a poor performer (only for a month) to avoid the burden of maternity benefit. My RM informally knew about the pregnancy because earlier she used to be my friend at work and later was made my Reporting Manager.
There has been no PIP/Warning for termination even if the performance was so-called poor!
Regards
From India, New Delhi
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Clarification of Points
1. The company has an office in Noida, but their registration is in Delhi.
2. They have only sent an email stating that "my services have been discontinued with immediate effect" without mentioning any reasons.
3. Since they blocked all my official accesses immediately after the video call, all communication is happening to and from my personal email ID; hence, I have all the copies.
4. To reiterate, I was being forced to accept low ratings and be reflected as a poor performer (only for a month) to avoid the burden of maternity benefit. My RM informally knew about the pregnancy because earlier she used to be my friend at work and later was made my Reporting Manager.
There has been no PIP/Warning for termination even if the performance was so-called poor!
Regards
From India, New Delhi
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Dear Ankita, As I have already explained, there are pros and cons to every decision. Before adding further, I would like to remind you of some important points:
1. Fighting for your rights and justice is a good decision, but your case could be a little challenging. So, think it over again and take your family's consent. If everyone agrees, then go ahead, but be mentally prepared and ensure that the circumstances or proceedings do not affect your mental peace and family atmosphere.
2. You have just faced a critical situation that is influencing your decision. I advise that if money is not a major issue for you and your family earnings can support your pregnancy, then choose mental peace for yourself and your family. I have seen many cases where decisions made in haste are difficult to reverse later.
3. In the future, this could be troublesome for you when finding a new job in another company, as generally, management does not recruit personnel with such case histories.
4. What is the company's registered address in Delhi? There are separate area-wise Divisional Labour Offices.
5. If the matter is not resolved through emails or the Labour office and you decide to file a case through an advocate, be prepared to bear the advocate's fees and other expenses for an unknown period. Initially, advocates promise to close the case in 2-3 hearings, but it can take more time. Moreover, the management will also fight to their best.
Based on this information, I would like to share the following:
In response to the termination email, you should reply that this is not fair practice and is unacceptable to you. You should add a few more points:
a) First, check the clauses related to Termination/Resignation in your Appointment Letter. If the company has not followed these clauses, then it is totally against the law. Mention this point in your reply email.
b) You have been working in a higher position, and despite your hard work, management demoted you. This has caused a loss of mental peace and harassment.
c) The poor performance must have been noted after your demotion. What about your previous performance reviews? Since you were at a higher level, there must have been some high ratings given to you in your past appraisals. Gather information/documents and consider including this in your reply email.
d) Please review each point of the documents/emails available to you. Choose some important points and include them in the email. Moreover, if you file a case through an advocate, such information/documents play vital roles.
e) Accepting a low rating cannot lead to dismissal, as you agreed to work on revised terms.
f) The company has not followed "Natural Justice & its Principles." Mention this point also in the email.
g) Last but most importantly, you can add that you verbally informed your RM about your pregnancy. Hence, the dismissal of a pregnant woman is a violation of the law under the MB Act, 1961. If you have any test reports or doctor prescriptions prior to your termination, mention the same in your email.
Finally, you can mention that if the management does not compensate for your rights and entitlements, you will legally challenge it to the highest level.
I am not an advocate or consultant; based on case studies, these are my personal opinions and suggestions. Senior members can provide more suggestions and ideas. There are several advocates/consultants available in the Forum; you can contact/hire their services.
From India, Delhi
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1. Fighting for your rights and justice is a good decision, but your case could be a little challenging. So, think it over again and take your family's consent. If everyone agrees, then go ahead, but be mentally prepared and ensure that the circumstances or proceedings do not affect your mental peace and family atmosphere.
2. You have just faced a critical situation that is influencing your decision. I advise that if money is not a major issue for you and your family earnings can support your pregnancy, then choose mental peace for yourself and your family. I have seen many cases where decisions made in haste are difficult to reverse later.
3. In the future, this could be troublesome for you when finding a new job in another company, as generally, management does not recruit personnel with such case histories.
4. What is the company's registered address in Delhi? There are separate area-wise Divisional Labour Offices.
5. If the matter is not resolved through emails or the Labour office and you decide to file a case through an advocate, be prepared to bear the advocate's fees and other expenses for an unknown period. Initially, advocates promise to close the case in 2-3 hearings, but it can take more time. Moreover, the management will also fight to their best.
Based on this information, I would like to share the following:
In response to the termination email, you should reply that this is not fair practice and is unacceptable to you. You should add a few more points:
a) First, check the clauses related to Termination/Resignation in your Appointment Letter. If the company has not followed these clauses, then it is totally against the law. Mention this point in your reply email.
b) You have been working in a higher position, and despite your hard work, management demoted you. This has caused a loss of mental peace and harassment.
c) The poor performance must have been noted after your demotion. What about your previous performance reviews? Since you were at a higher level, there must have been some high ratings given to you in your past appraisals. Gather information/documents and consider including this in your reply email.
d) Please review each point of the documents/emails available to you. Choose some important points and include them in the email. Moreover, if you file a case through an advocate, such information/documents play vital roles.
e) Accepting a low rating cannot lead to dismissal, as you agreed to work on revised terms.
f) The company has not followed "Natural Justice & its Principles." Mention this point also in the email.
g) Last but most importantly, you can add that you verbally informed your RM about your pregnancy. Hence, the dismissal of a pregnant woman is a violation of the law under the MB Act, 1961. If you have any test reports or doctor prescriptions prior to your termination, mention the same in your email.
Finally, you can mention that if the management does not compensate for your rights and entitlements, you will legally challenge it to the highest level.
I am not an advocate or consultant; based on case studies, these are my personal opinions and suggestions. Senior members can provide more suggestions and ideas. There are several advocates/consultants available in the Forum; you can contact/hire their services.
From India, Delhi
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I have seen an article that appeared in "The Times of India," dated Thursday, 29th October, Bangalore edition, titled "Maternity Leave: No Ground for Dismissal." The Supreme Court bench observed that "Maternity leave cannot be a ground for termination of services." Having a child is not a reflection on a woman's professional ability, whether she is in the Army/Navy, Judiciary, teaching, or bureaucracy. We will not allow termination on this ground.
From India, Aizawl
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From India, Aizawl
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Right to payment of maternity benefits.doc