I am six month pregnant and having been working in a BPO for an international process.
In this process- client’s quality’ checks are rare but very high standard. And often we hear an agent being removed because some call went awry. Now
Can my workplace fire me after I inform them that I am pregnant citing the client quality performance to not be up to the mark?
I am also in line for a promotion
Which I am trained and all for but will be officially handed over in 3 months but by that time I will be on maternity leave- Can I lose that promotion which hasn’t been guaranteed in paper but is in process of approval?
What would be the right way and time to inform my workplace of my pregnancy, keeping all this in mind?
PS- My manager had an ego clash with me once so keeps finding ways to burden me with more and more work. This is the primary reason that I worry she might find something to use against me though in pet 1.5 years she could till now.
From India, Delhi
In this process- client’s quality’ checks are rare but very high standard. And often we hear an agent being removed because some call went awry. Now
Can my workplace fire me after I inform them that I am pregnant citing the client quality performance to not be up to the mark?
I am also in line for a promotion
Which I am trained and all for but will be officially handed over in 3 months but by that time I will be on maternity leave- Can I lose that promotion which hasn’t been guaranteed in paper but is in process of approval?
What would be the right way and time to inform my workplace of my pregnancy, keeping all this in mind?
PS- My manager had an ego clash with me once so keeps finding ways to burden me with more and more work. This is the primary reason that I worry she might find something to use against me though in pet 1.5 years she could till now.
From India, Delhi
The employer cannot terminate you from service during receipt of maternity benefits. But if there is any misconduct on your part, and on the basis of that misconduct the management has conducted an enquiry and subsequently terminated you, the same will be enforceable. Customer making negative review about one's performance or poor performance followed by dereliction or negligence is a gross misconduct warranting disciplinary action against the employee. Therefore, if the employer is able to charge sheet you properly, he can dismiss you from service. But for that solid evidence is required.
Coming to promotion, I would say that law will not protect an employee unless you have a promotion policy in the certified standing orders. If you remain on leave for six months, naturally, the employer can deny promotion or extend the promotion. He can offer the promotion after evaluating your performance of at least six months or even one year post leave. Of course, if the promotion is one of the service conditions mentioned in your appointment order, then the same should be given to you, and failure to give it will attract section 12(1) of the maternity Benefits Act which says that ".........it shall be unlawful to discharge or dismiss her during or on account of such absence.........or to vary to her disadvantage any of the conditions of her service." But I don't think that in private companies promotion is a service condition in the appointment order.
I think that you should not hesitate to reveal the pregnancy. If you reveal it after you have gained a promotion, it will only make the employer more hostile.
From India, Kannur
4249Coming to promotion, I would say that law will not protect an employee unless you have a promotion policy in the certified standing orders. If you remain on leave for six months, naturally, the employer can deny promotion or extend the promotion. He can offer the promotion after evaluating your performance of at least six months or even one year post leave. Of course, if the promotion is one of the service conditions mentioned in your appointment order, then the same should be given to you, and failure to give it will attract section 12(1) of the maternity Benefits Act which says that ".........it shall be unlawful to discharge or dismiss her during or on account of such absence.........or to vary to her disadvantage any of the conditions of her service." But I don't think that in private companies promotion is a service condition in the appointment order.
I think that you should not hesitate to reveal the pregnancy. If you reveal it after you have gained a promotion, it will only make the employer more hostile.
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Leave Policy.doc