Termination Of Pregnant Female Employee Who Is Still On Probation Period - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Bodhisutra
Manager, Operations
Rajanassociates
Legal Counsel
Penubothu
Human Resources - Generalist
Singh.bishan
Student (hr)
Sushilkluthra@gmail.com
Consultant In Legal Matters
Malikjs
Gm (hr)
Pradeep@prosoft
Asst. Manager Hr
Smita_matts
Hr Manager
+1 Other

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Hi all,
I would like to seek advices from you about India termination legislation of pregnant employee who is still on probation period and has employed less than 80 days.
The employee has joined the company for less than 80 days and has not been performing well since she joined. She is found pregnant recently. Could you please let me know the legislation in India whether the employer could:
- provide disciplinary action during this period;
- terminates ones contract when she is pregnant;
- terminate ones contract during probationary period and ones is pregnant;
- if yes, is there any severance pay required?
Appreciate your inputs soon.
Thank you.
ST

Hi,
If she is not performing well and she is into probation period then she can be terminated.
the procedure you can follow is; first you can issue an Show cause notice to her and give her some time (7 days) so that she can reply in writting the cause behind it.
If the cause justifies the situation then consider or otherwise after 7 days issue a termination letter.

Hi Anjali, Thank you for the details information. Is employer requiring to pay 12 weeks of maternity leave pay and severance payment? Thank you. Regards, ST
Hi ST No the employer has no obligations as she is not a confirmed employee... and then to her performance in not satisfactory. Only 7 days show cause notice is sufficient in this case.
dear
you have kept some one propabtion and her performance is not satifactory than you have to give him a chance to improve and you have to issaue letters to him for her weaknesses.
but in your case it seems you are not much worried about her performance but you are worried because she is pregnent and on this basis you can not terminate her services.very sad approach on Hr point of view.
tks
j s malik

The maternity benefit act is saying" No women shall be entitled to MB unless she has actually worked in an establishment of the employer from whom she claims mb , for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery"
In your case you have to see her expected delivery... if she works more than 80 days whether probation or temp you have to pay.....
Sankar

My personal opinion is that it is very unfair to terminate an employee because she is pregnant while on probation.
I was pregnant while I was on probation ( in one of my previous jobs) , however handled a whole HR department alone as the HR manager resigned during my probation.
However if someone is not performing well during the probation then termination may be a necessary

Hi, Please advice... Is maternity benefit mandatary? Should all the company implement the M.B. in it’s policy? What if a company terminate a woman for she is pregnant? Regards, Divitha.
Hi

Always the employer would a ratify an agreement with the employee when he/ she join the company. And it is permissible by the law that an employee who is under probation can be terminated if the performance is not at all satisfactory.

And even in the probation period, if an employee requests for maternity leave (Maternity benefit Act 1961) the employer is bound to sanction it since it is the privilege of the employee. And the duration is six week before the delivery and six week after the delivery on the production of the medical certificates. Also the employer is liable to give three month salary at the time of maternity leave.

Severance Pay is not required, but the maternity benefit is mandatory.
Nothing prevents an employer from asking explanation from an erring resource or non performing resource. You can also mention in the show cause notice the time limit saying that if you do not revert in the stipulated time with a valid reason serious disciplinary actions will be initiated. If that resource does not revert in time you have every right to take immediate actions.

So now it is up to your discretion to decide whether to keep such an employee in your payroll or not.

If you have more doubts give me a call.

Hi ST
You cant terminate her unless there is strong reason.One more important thing to remember is she maynt accept the termination as she may be a top performer. You can only terminate her in only one way. i.e in case she doesnt come to office for 3-4 days without any prior information only then u have the rite to terminate her
Do let me know incase you require any inputs from my end


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