Is This Right?? - Ppt Download - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Unusual_indu
Hr -generalist,(web Development Company),recruitment,performance
K.Ravi
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Anurag Jain
Hr Manager
Shish
Consultant
Swati.jain0104
Executive - Hr
Parthasarathy
Hr Executive
Hrssonepat
Service
+2 Others

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Dear Friends,

One of my colleagues' wife works in a private sector concern in the software department, which she joined 6 mths ago. Her confirmation was due this month.

Till this period there were no issues for the management regarding her work. Even her appraisals which took place in Sept. was quite good and her reporting officer herself personally told this lady that the performance is quite satisfactory and she has a lot of potential to grow further in the organization.

However, 2 months back she informed her reporting manager that she was pregnant because she already had undergone a miscarriage earlier and the doctor had advised her to be very careful this time and not over burden herself. The manager did not seem to have any issues with it since the last 2 months.

However just on the date of her conifrmation the management seems to give all silly reasons as to why they cannot confirm her and why she should leave the company.

The same management who did not have any problems with her work or attitude during her probation suddenly seems to have issues during her confirmation. Now they feel that since work load in the dept. is not much, the responsiblity can be handled by the existing employees in the department.

Then they state that the higher ups were against the idea of creating this position but they were forced to bow to the wishes of the then manager who left the company subsequently. Then when they realised that these allegations/reasons don't hold any water they have broached the subject of her leaves. She has 20 leaves to her credit during her probation period but as per co. policy, an employee is entitled to only 2 leaves every month the rest are encashable. She has taken 8 leaves so far. If leave was an issue; it should have been broached during appraisal. Probationers at managerial level have taken as much as 22 leaves but they have been confirmed this month.

I have the following questions:-

1) Can a company ask a lady to resign if they are notified that she is pregnant and her date of delivery is after 6 months.

2 ) The management does not state the reason of maternity leave clearly but is now accusing the employee of non satisfactory work. If this was the issue, this could have been broached during appraisal or any time during the probation period why wait till the confirmation date?

3 ) There is no use talking to the mgt. as it is a highly centralized set up and the decision of 1 man rules.

4) She is not in a position to search for a new job right now as no co. will be willing to employ any one who will go for maternity leave in 6 months. She cannot sit at home because of financial compulsions. These tensions are having an adverse effect on her health also.

What should this lady do under these circumstances. Is there no law to take such mgt. under the scanner for gender discrimination? Please advise as this issue needs to be addressed urgently.

Please friends this is urgent b’coz the organization might not give her much time to react and might ask her to leave. Please comment.
Hi Tittli,
1. the answer 4 ur 1st question is "A BIG NO".
2. I dont think that there is a law to take such mgt. under the scanner
for gender discrimination? If she is a confirmed staff we can try
something. How is the comnpanys financial position (is it a reputed
co.).

My suggestions to ur friend, please tell her not to get worried during this stage, all that happens will end well. py prayers to god would be their.

Regards,
Arjun

Dear Arjun,
Thanx for ur reply. The company is a medium scale software firm and u know the effects of recession. I have mentioned that she has been dragged into this issue only during her confirmation. So is there no way to get out of this?

It is illegal to terminate service of a woman employee just on the ground of her pregnancy and without having any reason to show any gross misconduct on her part. Therefore, it is advised not to resign from service. If there is compulsion from the Management, there are machinery to settle the matter. She can approach the District Labour Office for intervention. She can also approach Office of Woman's Rights Commission or the related bodies for mental harassment at work place.
Regards,
Madhu.T.K

hi tittli,
ask her to give a try to console the mgmt. at later stage as a last attempt she can make use of maternity benefit act through the local labour officers.
ask her to notify the maternity benefit act regulations to her boss casually.
C Madan

HI Titli

The situation that you have described is no doubt delicate but believe me it happens with women very often these days. The lady you are talking about is not a confirmed employee and that makes it even more difficult for her to fight the battle. I agree to Mr Madhu that it is illegal for any organisation to terminate an employee based on the ground that she is pregnant but here the management can cite 100 other reasons for not confirming her and they are never going to talk about the issue of preganancy.

She has got little or no choice in this situation.Moreover if the top management is also involved in this game then they will make her stay difficult in the organisation. Considering that she is preganat and already had a miscarriage before, she should be extremely cautious about her health right now(suggestion as a woman not as an HR) and just take this incident as a lesson in her life and just let go.

In simple words I am asking her to put her weapons down but I feel it will be beneficial considering a greater cause

I hope this makes sense to you

Hai Titil, Madhu T.T Is giving right sugestion,I think u go to ur local Labour office and loged a complain against that MGT. Best Regards, Rajendra Kuamr Sahoo(rajendra_33377)
Dear Friends,

Thanks for ur comments. The situation is exactly as Indrani put it. The managment does not broach the topic of preganancy/ maternity leave etc. They are citing all other reasons that I have mentioned in my original mail ie.

1) Non satisfactory performance on the day of confirmation after giving good ratings in PA just 1 month back.

2) Lack of work in the dept. even though the dept. boss also knows that at present even the other people in the dept. as well as other depts. have little work

3) A vacancy that was created without giving it much thought.

......................And any other reasons that they can fathom.

Under this circumstances, it seems that the lady has made a mistake by revealing her situation to her superiors but she was forced to because of stressful physical working conditions in the dept. 2 months back

So it seems that the lady can only keep quite about it and let mgt. have their way because she is not confirmed? Taking legal recourse as MR.. Madhu suggested also will consume a lot of time and she fears that her chances of employment with other firms will also be affected if the new employer becomes aware of this case.

So is only keeping silent & bearing it the only option?

Hi,
I completely agree with Mr Madhu. If the female employee has complete 80 days of service with the employer; she can avail the maternity leaves as per law. It is immaterial wheather she is in probation period or not. She can approach to the Labour Commissioner and employer have to sanction the paid leaves for 12 weeks and if she produces a medical certificate, after the delivery, from the doctor for addition leaves then additional leaves shall also be sanctioned as the paid leaves by the employer.
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File Type: ppt The_Maternity_Benefit_Act__1961.ppt (36.0 KB, 775 views)
File Type: doc Right to payment of maternity benefits.doc (29.0 KB, 936 views)


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