Wrongful Dismissal Of Pregnant Employee Violating Government Policies

Had a constructive dismissal; the private company where I worked cited fund issues and asked me to resign even though I was pregnant and had informed them. After much argument, they agreed to pay three months' maternity benefit. However, I feel that they have violated government laws by asking a pregnant employee to leave even though there were no performance issues. I would have proceeded on maternity leave from January to March, which means I have lost substantial pay of almost five months at least as I only received pay for three months plus one month notice period pay.

I don't want to take things further, i.e., to courts and all. What can I do? Though they made the environment so hostile when they started discussing this that, given my condition, I didn't want to be under any unnecessary stress and decided to leave. Can I cancel my resignation and ask them to take me back? Or can I complain to the labor commissioner about this?

Since you have already submitted your resignation (no matter even if they forced you to do so), immediately send a letter through registered post to the employer asking them to withdraw the resignation and state the reasons why you initially resigned. It is better to have this letter drafted by a lawyer.

Once the company refuses your plea, only then you can approach the labor commissioner. This may lead to legal proceedings. First, decide what you want to do, as you have stated that you "don't want to take things far, i.e., courts."

Thank you, Mr. Ritesh. First of all, thanks a lot. Secondly, if need be and I don't see a resolution after dialogue, then I will anyhow take this up legally. Can you please suggest to me where I stand legally given the circumstances? Can I send them a registered post considering the fact that they relieved me, i.e., they didn't want me to serve the notice period and they settled that in full and final settlement.

Dear Sasha,

Your post is confusing. You have written your post in a single sentence, thereby increasing its complexity. What do you mean by "constructive dismissal"? Why did the company tell you to resign? Were you involved in misconduct? Did the company issue you a show cause notice? Did the company conduct any inquiry? Have you informed your employer about your pregnancy? If yes, then how and when did you inform them? On what grounds are you linking your resignation to your pregnancy?

There are many questions associated with your post. Please clarify.

Thanks,

Dinesh Divekar

Without knowing the exact content of the resignation letter and relieving letter, date of resignation as well as relieving, other communication which can prove that you were asked to resign due to your pregnancy, if any, nature and details of full and final settlement, nature of your company as well as your nature of your job etc., it will not be possible to advise further.

If possible, contact a lawyer with all documents immediately. Please note that in your case, time is very important. You are required to raise the dispute at the earliest. The merit of the case decreases with every passing day.

Hi Sasha,

You've stated reasons as fund issues/lack of funds... If the organization is in the closure stage, the legal proceedings will drag on as you've already stated "don't want to take things far i.e. courts." If the intention is to set a precedence to others by going legally, by all means the court and Labour Department will be in your favor only for the compensation you're eligible for. Most of us in India are always negative about our 'delays' in justice, which is not true always. Possibility is your management may come to terms with you once you initiate the show cause notice.

If there is nowhere written that you were asked to put down your papers... and you've resigned, the court will consider it as resignation and not termination during pregnancy (which is illegal).

Company has paid you for 3 months of Maternity benefit + Notice period. The court will go by this. However, you're eligible for 1 more month of additional maternity benefit only if there are post-maternity complications with supporting documental proofs, for which the court may instruct the employer to pay you.