Manager Hr & Admn
Dy. General Manager (transmission)
19th June 2015 From India, New Delhi
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
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
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
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.
20th June 2015 From India, Mumbai
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
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
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.
22nd June 2015 From India, Gurgaon