Abhay_011
Professor
Chauhan.abhay
Manager Hr & Admn
270715
Dy. General Manager (transmission)
+4 Others

I'm working with present organisation (a power generation company) since last 5 years in Gurgaon. Last week, all of sudden HR has informed in-person that I would be required to resign & then relieved from my job by July end citing reason that Company is not doing good. Presently i'm in third month of pregnancy & its quite unlikely for me to search new job at senior levels & work in new organisation. It is also surprising to notice that I was asked for resignation soon after I had informed about sickness to my reporting officer for taking leaves. Further my job involves extensive travel within country.

As I was advised by doctor for not undertaking travel during 3rd - 4th month, it was essential for me to inform my reporting officer. But asking to resign was least expected. In such situation can you advise suitable course of action. Also when discussed with HR about my pregnancy & loss which i would incur for being jobless, they agreed for issuing Service continuation letter till expected date of delivery without any compensation as they would serve 1 month notice. Can you suggest what recourse do I have as per Indian Laws?
11th June 2015 From India, Gurgaon
This is the condition of Indian company towards employee welfare. we feel sorry for your state of things and be confident that every thing would go well. Before you pursue any action, you need to discuss with good advocate of area who is specialized in employment laws. we would suggest you give a notice to your employer mentioning about your maternity and termination of service would amounts to illegal. you can prefer a complaint with your area labour officer for your grievances. I hope our forum members would share more light on this.
19th June 2015 From India, New Delhi
Sudden decision to ask for resignation is due to company wanting to avoid payment of maternity benefits.
Companies need to show social responsibility and not evade the process of legal sanctioned benefits by such undesirable shortcuts.
As advised by learned member Jagat Kumar,consult a labour law specialist nearby and take legal action.
The company will be forced to reconsider shortsighted decisions pertaining to your employment.
19th June 2015 From India, Pune
This is unfortunate on the part of employer. 1st of all it is unethical and unprofessional to ask to resign if a female is not able to perform her duty due to her pregnancy.
Legal remedies are also available: (However before comment the same, basic knowledge like whether your organization is covered under Maternity Benefit Act or not is desired. I am submitting the below lines assuming that your organization and you are covered under Maternity Benefit Act. 1961.)
As per Section 12 of Maternity Benefit Act 1961 It is unlawful for the employer to dismiss, terminate or change the conditions of service to her disadvantage of a woman during pregnancy period.
It they are asking you to submit your resign you may not do so. In case they terminate your services you can complain to the Inspector under maternity Act 1961
20th June 2015 From India, Mumbai
Hi, Mr. Kumar & Thakur also given good advice to you. Do’nt give resignation if you and your organosation covered this Act. You will get overall benefits under this Act .. Abhay
20th June 2015 From India, Pune
Dear Madam,
Company has no right to dismiss from the services. Do not resign from the job and just apply for leave balance you have and than apply for maternity leave. You can take help from your doctor, if he give you medical certificate to take rest in pregnancy than it will add value to your case.
Company will not take any illegal action against you, they will only force you to give resign, but dont resign and resume your work after your pregnancy.
If Maternity Benefit act is not help you we can put PIL against such companies.
In India all employer are happy in earning profits not is providing social welfare to the employees.
20th June 2015 From India, Vadodara
Dear Friend,
There is no need to resign. u just do your task/job as u r doing regularly....they can't take any course of action beyond of verbal wordings.....so be relax. Don't take any impulsive action.
Also get a medical letter from your gynecologist that you are not in condition to frequent travel and submit it to your HR depart;ment and take receiving for the same.
Rgds

20th June 2015 From India, Mumbai
Dear Members,
It would be difficult to say that the company or HR asked to put on resignation because of pregnancy only. there may be some other reasons and as HR has informed that it is due to company is not doing good. In that case did you inquired about others??
Did they asked others to put on paper as well?
Pl provide full details otherwise it would be injustice to truth. I am not defending company but we need to check all the aspects and then only can give appropriate response.
Seniors pl correct me if my point is not valid.
20th June 2015 From India, Ahmadabad
Dear Mrugen,
You are very right. As advice based on part information can't be perfect one. How to handle a situation, It all depends upon the actual facts. But while taking any action against any employee due to any reason HR people must consider law, social responsibility of organization towards its employee and above all humanity. In these case perhaps all things are not being taken care.
22nd June 2015 From India, Mumbai
Dear Members,
Thanks for valuable advice. Although i have not given resignation till now, Maternity Benefit Act 1961 covers benefits only period only 6 weeks prior & 6 weeks after expected date of delivery. That is how organisation hurried for asking resignation. Organisation being public limited (BSE/NSE listed) & is covered under above act. Only concern now is expected date of delivery being in Dec 15, i can go on leave only since mid Nov & in case they terminate me Section 12 as mentioned above may not be applicable.
Even my close friends have opined for dragging the employment till i'm covered under "12 week" duration to gain termination immunity.
-
Thanks
22nd June 2015 From India, Gurgaon
Dear Madam As suggested by others don’t resign. If they terminate you take legal course Regards R Rajasekaran
23rd June 2015 From India, Chennai
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