Hi, I am Aparna lives in Bangalore.I work as a bussiness Development Manager in a company for 1 year and 3 months. I am asked to leave the company as a part of cost cutting after I announced my pregnancy, however there was no communication to me in writing but was metioned to /me over the phone on 01/07/2013 and informed me that I have to quit after the month and no salaries been credited to me for the month of june and July. can I Fight aginst this legally??
From India, Bangalore
2From India, Bangalore
Kindly answer the following questions:
1. Have you applied for leave in writing on account of pregnancy? (if not send it thru register post and have copy of the same)
2. Whether it is accepted in writing or not? (in case of no rpely pls send reminder also)
If leave is not applied pls give it in writing to your employer and let him reject in writing then you can raise dispute legally. Without any documentary proof you can not contest in any forum.
The answers to your questions:
It is illegal to terminate an employee on grounds of pregnancy.
From United States
1. Have you applied for leave in writing on account of pregnancy? (if not send it thru register post and have copy of the same)
2. Whether it is accepted in writing or not? (in case of no rpely pls send reminder also)
If leave is not applied pls give it in writing to your employer and let him reject in writing then you can raise dispute legally. Without any documentary proof you can not contest in any forum.
The answers to your questions:
It is illegal to terminate an employee on grounds of pregnancy.
From United States
Dear Aparna,
You had worked for 15 months , hence eligible for maternity leave , as per the legal standards, assuming your firm is registered under Shops and Establishment Act.
I have moved your post to the legal forum. Requesting our experts to suggest the best way out .
From India, Mumbai
You had worked for 15 months , hence eligible for maternity leave , as per the legal standards, assuming your firm is registered under Shops and Establishment Act.
I have moved your post to the legal forum. Requesting our experts to suggest the best way out .
From India, Mumbai
Hello Aparna,
Pl clarify IF there were any OTHER employees also who were asked to resign?
Also, Mravimtnl has raised valid queries--pl answer them. However, I am not sure it will work if you apply for ML NOW--since it would be post-facto.
One more thing--you worked here for 15 months. So you WOULD have got at least ONE Appraisal--did you get get it? And if Yes, what were the Ratings given to you?
Let's think of legal steps or otherwise later--pl note that this step has it's own set of consequences, which NOT ALL can take in your position.
Rgds,
TS
From India, Hyderabad
Pl clarify IF there were any OTHER employees also who were asked to resign?
Also, Mravimtnl has raised valid queries--pl answer them. However, I am not sure it will work if you apply for ML NOW--since it would be post-facto.
One more thing--you worked here for 15 months. So you WOULD have got at least ONE Appraisal--did you get get it? And if Yes, what were the Ratings given to you?
Let's think of legal steps or otherwise later--pl note that this step has it's own set of consequences, which NOT ALL can take in your position.
Rgds,
TS
From India, Hyderabad
dear madam,
I am sorry in reading your message and I understand that your organization is highly practising unethical practices.
Please note the following:-
It seems, your HR Department is not aware of maternity benefit act-1961 and related provisions.
Since you are a managerial staff you are not covered by ESI Act, but your company might have covered by medical insurance nor not.
please let us know;
whether you have submitted a letter - a physical letter- informing your employer regarding your pregnancy, with the Certifiicate from the Gynecologist or the Treating doctor.
Have they responded to your message. If your HR person/s is possessing Soft -skills, he/she must have congratulated you. in his reply to you.
If he replied and in that as a part of message, the message of your cessation of your services must have been mentioned.
If any such proposal of eliminating you from the rolls of your company, they should have intimated your in writing (not oral messages)
If the message was given to you on submission of your letter informing your pregnancy, it is not acceptable.
If they inform you, after the submission of your letter informing the pregnancy, whatever may be the reason conveyed to you, regarding the financial status
of your company, to certain extent, it may be acceptable.
If it because of your performance or otherwise, it is not to be accepted. It is unethical on the part of your company to inform you the termination of your services, after the submission of your letter.
You have the valid points with you, had you acted on the above manner.
There are certain organization are surviving by doing such illegal practices and the government/law are also helping them.
Best wishes to you.
From India, Pune
I am sorry in reading your message and I understand that your organization is highly practising unethical practices.
Please note the following:-
It seems, your HR Department is not aware of maternity benefit act-1961 and related provisions.
Since you are a managerial staff you are not covered by ESI Act, but your company might have covered by medical insurance nor not.
please let us know;
whether you have submitted a letter - a physical letter- informing your employer regarding your pregnancy, with the Certifiicate from the Gynecologist or the Treating doctor.
Have they responded to your message. If your HR person/s is possessing Soft -skills, he/she must have congratulated you. in his reply to you.
If he replied and in that as a part of message, the message of your cessation of your services must have been mentioned.
If any such proposal of eliminating you from the rolls of your company, they should have intimated your in writing (not oral messages)
If the message was given to you on submission of your letter informing your pregnancy, it is not acceptable.
If they inform you, after the submission of your letter informing the pregnancy, whatever may be the reason conveyed to you, regarding the financial status
of your company, to certain extent, it may be acceptable.
If it because of your performance or otherwise, it is not to be accepted. It is unethical on the part of your company to inform you the termination of your services, after the submission of your letter.
You have the valid points with you, had you acted on the above manner.
There are certain organization are surviving by doing such illegal practices and the government/law are also helping them.
Best wishes to you.
From India, Pune
Dear Aparna,
What you are going through at the hands of your employer is illegal. This conduct on part of the company amounts to discrimination, unfair employee practices and the company will be liable to not just allowing you Mat. leave but in case they refuse to do so they will be criminally liable of violation of KS&CE Act, Mat. Act, Factories Act (if applicable). The Lab. Inspector can book a criminal complaint against the company official in-charge (even the MD if need be), all you need to do is file a complaint before the jurisdictional ALC at Karmikra Bhawan, Dairy Circle, (preferably through a Lawyer). Please feels free to communicate in case you need assistance.
Regards,
From India, Chennai
What you are going through at the hands of your employer is illegal. This conduct on part of the company amounts to discrimination, unfair employee practices and the company will be liable to not just allowing you Mat. leave but in case they refuse to do so they will be criminally liable of violation of KS&CE Act, Mat. Act, Factories Act (if applicable). The Lab. Inspector can book a criminal complaint against the company official in-charge (even the MD if need be), all you need to do is file a complaint before the jurisdictional ALC at Karmikra Bhawan, Dairy Circle, (preferably through a Lawyer). Please feels free to communicate in case you need assistance.
Regards,
From India, Chennai
Hi Dear,
What your HR is doing is an unfair labour practice. However, I would like to know how you announced your pregnancy. Are you due for maternity leave?
If the sole reason for your being asked to leave was the pregnancy, then it is ellegal
From Ghana, Accra
What your HR is doing is an unfair labour practice. However, I would like to know how you announced your pregnancy. Are you due for maternity leave?
If the sole reason for your being asked to leave was the pregnancy, then it is ellegal
From Ghana, Accra
you are eligible for maternity leave under maternity benefit act for 12 weeks, six weeks before and six weeks after delivery me the baby. You are also eligible for maternity bonus. The leaves are paid leaves. Therefore, your company cannot terminate you. Terminating no the grounds of non performance requires records like KRA, Achievement, progress etc. Terminating by a phone call is not acceptable legally. But you are on absent after this call, then you may be terminated on the grounds of absent without information. Hence , send communication by mail or r p a d about your maternity leave. For more inputs you may call me on 919481368985
From India, Bangalore
From India, Bangalore
Relevant section from Maternity Benefit Act:
12. Dismissal during absence of pregnancy
(1) When a woman absents herself from working accordance with the provision soft his 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.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
1[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).
12. Dismissal during absence of pregnancy
(1) When a woman absents herself from working accordance with the provision soft his 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.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
1[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).
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