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well its all dirty politics sometimes HR plays and sometimes they become victims, when they play they get pleasure in seeing others cry and when they themselves cry, all pour their sympathies...and stake as if they havent hurt a flea in their life,,,

your friend already suffered miscarriage and doctor advised her to be careful,, so if she follows advice of tk.madhu,, and runs in those labour courts with her case one thing management will further get angry on her, and even if she wins case how can u work in an environment where all management is hell bent against u,, mentally u cant work thats human nature,,, and even if she takes tension in this case there is warning given by her doctor... so better remain quiet...

From India, Pune
All we can suggest about the duties/rights. This is upto the victim, in what manner she would move ahead in the circumstances. Let her decide. May be despite her right of getting paid leaves; may leave the organization without any objection. Or she may show the route of court to the company. Our discussion is to make her aware about her legal rights. Of course and certainly; the decision of what step and the mannerism to deal with the situation exclusively depends upon her and whatever may be the implementation aspect; it should be firm and forward looking in any case. We will see the results if she takes the proper steps and if required help may be extended.

From India, Jaipur
I go with Anurag, that the final decision maker is the victim. She has to consider her health before taking any decision and have to look for a smooth route. As management wants her to letgo on performance basis, and not on the reason of being pregnent she has to bow her head down though she has a right to fight back.As said by our friends management can show n number of reasons to prove that problem is with her performance, it is not advisable to fight back unless she has a right proof.
I advice her to review all the openions posted by our friends before making a decision.

From India, Hyderabad
Considering the fact that only she has every thing to loose and nothing to gain in the whole process,as the opinions suggest, I think she should not throw in the towel. But instead of she entering the fray, let us help this colleague through any local NGO for approaching National Women's Commission and the concerned labour authorities on her behalf. If we all pull together I see a ray of hope. Otherwise the Management will get away with murder and will not learn any lesson in the process. I think the intervention of Women Commission is going to help, their issuance of notice itself will scare the management. The management is again likely to come up with the plea of non-satisfactory service but given the other facts, the position becomes obvious that this is only a ruse to somehow get rid of her. The provisions of Maternity Benefit Act can also come to the aid.
I request all HR professionals to look for an NGO to take up this matter. Regards KK Nair

Titti,1) Market down2) Meternity leave is applicable only 12 weeks.3) She has to apply leave on before two months of delivery,4) Management financial issue & Politics.Thease are the mager issue could have happen this case.Thanks & RegardsParthasarathy
From India, Madras
As other members has suggested that since the company is trying to take resignation from her on the basis of non performance, hence it will be difficult for the lady to prove that the management of doing all this because of her pregnancy. Hence she should concentrate on her work and do it with perfection (which I know is difficult in this situation considering the mental trauma she is going through) so that management does not have any basis to prove her non performance.
God will take care of the rest.

From India, Bangalore
The managment is not willing to give her any time. It wants to make her resign and leave as soon as possible.
Are Labour courts fast track? I mean is decision given fast or does it drag like the rest of the legal proceedings.
What can a Woman's Rights Organization do to help her in this case even if she approaches them? How can she prove that it is based on the maternity reasons rather than performance that the management is accusing her of now after her good appraisals just a month back; as the managment does not explicitly state this as the reason but has been mentally disturbing her now?

From India, Bharuch
The opinion of K Ravi is right, I agree, it is not that I have not considered the negative impact of approaching government authorities. But, if you leave the organisation accepting the 'charges' will lead the employers to take similar action against others also. If this is the case, there could be no young women employed in private sector. If the new maternity policy applicable to government employees which allows 6 months maternity leave is made applicable to private sector also, will there be employment of women? Or will they appoint only unmarried women and will their service be terminated after marriage (some months in advance so that there will not be any interpretation of termination due to pregnancy!)

It is not right culture that in order to take care of customers an employer needs woman employee and so long as she does not ask for any benefits, her appraisal is very good but once she declares that she is pregnant, she becomes an excess employee with poor performance. The advocates of HRD ( I believe in Personnel Management concept and I call myself as an employee and not a 'Professional" as is referred to as under the new system) should realise one thing. Human Resources should be developed and it is for finding out the possibilities of utilising the resorces in each human being employed that the HRD is set up. If one employee is not fit for one job, give her another and use her resource. If she is not fit for any job, it is a shame to HRD itself which selected her!



From India, Kannur
Deal all,
Mr.Madhu has given the complete picture of the case and suggestion, and other HR expert have the view to leave the Company without going to Labour Office. If you do not want to include the experience of this Company in your profile then go ahead with legal option.
with regards,
shish Uniyal
Executive HR

From India, New Delhi
During probation period, services can be terminated without assigining any reason. This service term is clearly mentioned in appointment letter of new recruit.It cannot be challenged.
However, in your case, it looks that management doest not want to accord long leave so that office work does not suffer and are trying get her off and take her replacement. I don't think any persuation to management will lead to her confirmation. It is the organization behaviour that has reflected in your case. It is better to look for another job after delivery.

From India, Mumbai

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