Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Suryabulb
Hr Executive
Dhyan.chauhan
Sr. Vice President-hr
Nathrao
Insolvency N Gst Professional
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Brijendra_Singh
Hr & Admin Manager
Paneerdeepan
Senior Hr Executive
+4 Others

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Respected seniors
Please let me know immediately ,can a pregnant employee be removed from job because of absolute non performance
please let me know the legal perspective also how can the company defend itself in such condition.first of all the employee had fraud the company with out revealing that she is pregnant.
Deepthi

Dear Deepthi,
Pregnancy and non-performance are absolutely two unconnected issues. Has the non-performance been proved? Were the warning letters issued for nin-performance? Has the enquiry been conducted before termination?
Did the employee comnunicate to HR Dept about her pregnancy? If yes, then when and how it was comnunicated?
There are so many questions associated with your post. Please give further information.
Thanks,
Dinesh Divekar

She joined in the organisation in sept her delivery due date is April that itself means that she did not reveal that her pregnancy at the time of joining . Her non performance was proved by mails and also intimated to her by mails.she is not yet terminated.but she says that she go to court of law for her defence.
Apart from what Mr. Dinesh has mentioned, not revealing pregnancy by an employee cannot be termed has fraud and that cannot be the reason for denial of Maternity Benefits if it is so.
Firstly , please refer to Section 5(2) MATERNITY BENEFIT ACT, 1961. No women is entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 160 days in twelve months. You said she joined in April. (I fail to understand why did you take so long to take action against her and awaited for long period).

Evidently , she is eligible for the Maternity Benefit act.

Also, please refer to section 12, Sub section - 2(a) for dismissal during absence or pregnancy. The termination of such women at any time during the pregnancy, the women is entitled to Maternity benefit or Medical Bonus referred to section 8 of the Maternity Benefit act, 1961, and shall not have the effect of depriving her of the maternity benefit or medical bonus.

In simple words, The Act forbids you to dismiss a pregnant women during her pregnancy period. Even if you dismiss her citing professional reasons (Under section 12, 2(a), still she is entitled for the benefits under the act.

Dear Seniors Pregnancy is not at all the REASON .She is a proved non performer we were initially also ready to give maternity leave but she is now trying to use her situation .
Dear Brijendra she joined in Sept.not April.and we did not think any thing as she is was intially giving us a picture that she is doing good.
sir ours is a proprietor concern do you still think all the above rules apply.
Dear friends , 160 days criteria is old story prior to 10.1.1989. Varghese Mathew
Her joining date is September not April.and she is probably giving a picture of performer .From january is what we realize bad things from her.

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