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rk5944
Hi,
My wife was working in a software company from last 4.5 years. After spending so many years at one place, she thought to change the job. She finally got an offer from a reputed Indian MNC an they agreed upon a joining date of 25th July. But, on the same day, Me and my wife came to know that she is pregnant. We immediately contacted a doctor and she suggested that my wife should took atleast 4 weeks bed rest for the proper development of pregnancy and mother-to-be. When My wife told the same thing to RMG and HR of the new company, they talked to her very rudely and said her straightforward that how can you conceive? and now they are asking her to resign. They even refused to create an emp Id for her. My wife is very sad after this instance. I can't see her sad. Please let me know what are the options available for her?

From India, Calcutta
tana2008
2

Dear Sir,

It is truly a matter of concern either way.

I have been working as an HR professional since 7 years and I did witness few such cases.

However, I would request you to sit back with your wife and discuss as to what needs to be done next rather getting disheartened. Forget about what went wrong with the management.

As an employer / HR, it becomes really difficult to provide leave to an employee before the start of his/her employment.

Also, as per the Maternity Benefit Act, 1961,
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery of her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

From India, Vadodara
tajsateesh
1637

Hello rk5944, Did you consider going back to the old Company? Could be tough — but not impossible either, especially since they know her & her work. All the Best. Rgds, TS
From India, Hyderabad
saswatabanerjee
2383

You forgot a very important section.
Maternity benefit act applies when you have worked for at least 80 days (was 120 earlier) as far as I can remember.
So in this case as she is yet to join, it does not apply.
Further, do you expect hr manager of a company you have not worked for to be happy to have his schedule and manpower plan upset ? Or be willing to have additional costs (salary during maternity leave) saddled on him for no reason or benefit ?
While rudeness in this case is not justified, his actions are justified. Either your resign or they will terminate you for not joining on specified date. In either case, I suspect they will blacklist you.
I am not aware if your wife met hr personally to appraise him or spoke on phone. If it's the later, then you have made a tactical error. Face to face discussion gives better result. She should have apologised for nit joining and requested to allow her to reapply for the post after delivery.

From India, Mumbai
pankaj bhalerao
Hello, rk5944
Saswata banerjee is correct. she should have complete at least 80dyas in new org. then only she can avail maternity benefit.
I think she has now 4 year and above exp. better you asked her to rest at home & after delivery she can join in new org. Now you decide to whome you will have to give priority money or child?

From India, New Delhi
M.Peer Mohamed Sardhar
733

- Is this Job final for you.
- Is this Job makes your daily bread
- Is this Job more important than becoming a Mother
- Are those people (RMG & HR) Job become more important to you, than yourself
- Cant She a get a Job elsewhere
- What is the purpose of arranging a meeting
- Are you going to compromise yourself for the Job
Please remember, any psychological change will have its own impact on the kid. Be it Positive or Negative\
ALMIGHTY has blessed you with a Wonderful Gift
Please take care of that.
Prioritize your requirements,.
There are so many in this world, without KIDS, You have been blessed.
Let the JOB be available, not you for the JOB
Throw the JOB, if they require you let them come back to You.

From India, Coimbatore
rk5944
Thanks everyone for your valuable advice and suggestions. Of course, family is more important to us than job. but one thing is true, There are always lot of challenges in front of girls and women. she is the one who always adjust and compromise almost on everything from childhood to marriage to job and so on.... but no worries, I am with my wife... I will support her at every step.
From India, Calcutta
deadsoul2011
3

money money money why the hell do you and your wife need to discuss with the HR , straight away tell that she is pregnant and dont join the job. I feel you think your wife will work some 4-5 hrs per day and go home and in office tell everyone that she is pregnant cant handle work, blah blah blah and earn free money, this is what women expect, no one will employ pregnant lady ,because there is no manpower already orgsn managing with meagre resources and in this u want some other poor bachelor employee to share ur wifes work n ur wife enjoy full salary , people are so crazy after money n career dont give a @@@@ about family and baby, get a life dude
From India, Madras
pbskumar2006
590

Dear RK 5944,
Its a good case study for every HR professional. In my carrieer of 29 yrs, I have seen like the same cases directly and indirectly.
1) While such situations errise first you have to talk to you immediate boss.
2) If boss is positive its OK both should meet the HR concern and discuss the situation explain. ( even you are yet to join the main interviewer is the concern section head because he has to prepare the manpower planning).
Its not a big issue if the management has obligue the situation may diffinetly help in this juncture (if your experience is likes the mangement). The HR is a sandwitch between the situation. HR only can not take the dicession its own. He is also contacted the Unit Head and take the decession.
In general: What Mr. Peer Mohamed Sardar ji is saying is correct console objective.
Regards,
PBS KUMAR

From India, Kakinada
pon1965
604

Peer has suggested rightly. — — — — — — — — — - Pon
From India, Lucknow
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