hr.fabgear@gmail.com
Hi Seniors,
Women taking permissible leave during pregnancy. was informed that she would be transferred on contractor's roll. The intension is very clear, that manager / management wants to get rid of women who is considered to be a liability during pregnancy. Is the mangement justified in their action. How can a women defend herself when exposed to such situation.
Pl advise.
JF

From India, Pune
Raj Kumar Hansdah
1426

Dear hr.fabgear
Welcome to CiteHR.com !!
Whether the employee has given notice to the employer under the Maternity Benefits Act 1961; in which case (during the pendency of maternity benefit) any action as cited by you, would be illegal and renders the employer punishable under the Act.
Warm regards.

From India, Delhi
virajgovekar
43

Hi,
Raj is right. Pregnant women are protected by the maternity benefit act 1961. And during this period the employer cannot do much but wait the period out.
If your management considers women a liability, I am really sorry for such a company.
Dude look for a better set of employers for your career's sake. Or you might land up with a similar attitude in future.
Transfering a woman on contractors roll aslo cannot be done as for this the company will have to terminate the services of the lady, which is against the law.
Regards,
viraj

From India, Pune
smbhappy
51

Law is very clear. The principal employer has to take the responsibility, even if she transferred on contractor’s roll. I fully concur with Raj and Viraj Govekar
From India, Chandigarh
tajsateesh
1637

Hello JF,
Raj Kumar & Viraj are right.
I also suggest you give a very serious thought to Viraj's advice--look for other companies to work, where: (1) women are treated as an asset than a liability AND (2) the brains within the company aren't used [or rather misused] to short-circuit the law as well as basic ethical practices just because such a step saves some money--meaning the inherent nature of the management seems to be money is EVERYTHING.
Rgds,
TS

From India, Hyderabad
vkokamthankar
31

I would like to add few points:
  • To transfer the lady from Principal Employer's Roll to Contractor's Roll, she needs to be removed from the Rolls of Principal Employer. For that either she will be forced to submit resignation or she will be terminated.
  • I would suggest lady to not to buckle under pressure and not to submit resignation
  • To terminate her services, there has to be some grounds / misconduct, which is not a case. Hence she should stand her ground firmly.

From India, Pune
halsburyslaw
'Hazardous industry' What are the special provisions related to hazardous industry. Whether any omission of the rules Factories Act by 'hazardous industry ' is punishable under Sec 96A of the Act?
From India, Madras
GODWIN_SR
3

Dear All,
I did faced such situation. When a female employee who is already working in contractor payroll was relieved from her duties saying that project got over.
This had happened only when she approached for maternity leave.

From India, Madras
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