Termination Of Pregnant Female Employee Who Is Still On Probation Period - CiteHR
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Hello everyone,
My name is Bishan Singh, currently pursuing MBA, from Delhi.
May I help you mean if any company (Delhi based) wants to do the research on their company to find any flaws or want to do research on their employee's mainly internal customer.
i can assist them in the same. Our team consist of experienced faculties and young energetic student who can devote their time and knowledge in the research.
If anybody interested please allow us to do the same.
Thank you
With regards
Bishan Singh
Mobile no. 9899323833
attribution https://www.citehr.com/451856-may-i-...#ixzz2MhHZ5LPb

Hi,
There you should to wait till the probation peroid, , because of each every company evaluate the performance of employee till the probation period., but after the probation period she does not perform satisfactory , then you should to terminate her from the job...
and the issue of pregnency , that should also be consider, , if she wants to take a leave in this case, then leave should be grant, for some days,,
but after completion the leave, and probation period she does not perform welll & satisfactory, then after you should to terminate her...
mere khyal se is situation me as a employye aur as a personal dono dekhna hoga..
kyuki HR me as a employye aur as a personal dono dekhna jaruri hoga..

Dear all Learned Friends,
I need your suggestion on Case related to pregnancy.
Confirmed Sales executive got performance increment in April 2014 & put in PIP in August'14 for one month when she applied for Maternity Leave.
Employer has put her on PIP when she was 7 month pregnant. She was mentally depressed so much that She delivered 7 month premature baby & doctor also mentioned in discharge certificate that she is suffering from depression & stress.
So is it legally viable to put a confirm employee on PIP because of fabricated non performance story?
Lady is working in MNC Surgical Company as sales executive for last 2 years.
Please suggest.
Regards

If due to her annual performance, she got increment in April 2014, what did targets were assigned after April, 2014. If not it is arbitrary to set new targets in August, 2014 after she applied for maternity leave. In fact it is in violation of section 4(2) and (3) of the MB Act. Though PIP can be challenged before the concerned authorities under the Act but firstly see what were her nature of duties mainly as to whether she can be covered under definition of workman of ID Act. If so then putting new PIP is also in violation of section 9A of ID Act. Take appropriate action under ID Act and Maternity Benefit Act.
Thanks
Sushil

In continuation of above viewpoint, I feel that the employee being a sales executive of a surgical company which may be said to fall in the category of pharmaceutical company and thus the provisions of Sales employees (conditions of service) Act, 1976 applies to her. She has to be treated as a workman and thus under section 38-B of the Bombay Shops and Establishment Act, the provisions of Industrial Employment Standing Orders are applicable to her. If that be so the only misconduct applicable is "habitual negligence or neglect of work". The proposed action of employer can never be said to fall under habitual category especially just after her giving maternity notice. Thus any proposed action of employer can be successfully challenged. Furthermore under section 9A of ID Act the employer could not have changed conditions of service by laying down new standards of job duties or targets. It also leads to unfair labour practice on the part of employer when it is acting against the above said provisions of MB Act.

Thanks

Sushil

Dont terminate her immediately , In your comapny Hr policy didi u mention about termination of preganancy in probation periood. But in performance wise u can check her. First call her & talk to her abt the performance and gice a chance to improve and tell to her if you not improve the management will take immedaite action against u. so chk her improvments and then u cantake nessesary action.
Act doesn’t say anywhere that if female employee is pregnant and not performing well means you can’t terminate her, but here you have to follow the company policy and whatever you do for such types of employees who is not performing well do it in that way. Here my suggestion is: Extend her probation period by 3 months Issue her a letter that she will be under observation for xyz days if she doesn’t show her good performance that company can take strict action on it. So that company would be in a safer side and make sure don’t take any action abruptly. Regards, Rupendra
Pregnancy shall not be taken as a blanket to cover an employee's non performance. It should not be taken as a protective device also. Though by virtue of section 12 of the Maternity Benefit Act, 1961, dismissal or discharge of woman during her absence in accordance with the provisions of the Act (that is during maternity leave days) is unlawful, the provisio to section 12(2) (a) says that dismissal or discharge during this period for any offence of gross misconduct is lawful. Here non performing employee shall be warned and punished as per the existing norms of the company. Pregnancy should not be taken as an armour to continue such misconduct (Non performance is in effect a misconduct) However, in such occasions, the usual practice is to keep mum so as to avoid so many queries and blame of having harassed pregnant woman employee. Regards, Madhu.T.K
Hi, i am going through same phase. I asked for the department change so that i can show my performance is not under grade, but My department director is making such a case on me. But as he have to transfer me to other department he is not signing and attending the meeting related to this issue. He shows that he is having a lots of work load and is ill due to which he can't attend the meetings and no one can make a pressure on him bcz he is on high post. All HR and other department knows that he is harassing me, and even than they can't do any thing.
Now let me know what should i do???


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