Saswatabanerjee
Partner - Risk Management
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
KIRTI28.AUTI
Hr -executive
Dine2
Manager Hr
Shweta041
Hr Manager

Hi Please suggest Can Organisation terminate pregnant employee . It has not been informed by the employer that she is pregnant Although company is not terminating her on that basis.
28th August 2015 From India, Mumbai
first what is the reason of terminate?
if she is on leave without notice then employer should send notice,But As per law employer does not terminate to a women if she is pregnent nd taken leave .or not well
28th August 2015 From India, Pune
Hi Kirti and Mr Nathrao , Thank you for your revert Termination is not on ground of her pregnancy . there is no any written application for same and She is not on maternity Leave .
28th August 2015 From India, Mumbai
If you want help from the members it’s a better idea to post full details, not cryptic statements that do not convey the actual situation
28th August 2015 From India, Mumbai
Hello Shweta,

You may not like this....

I think it's apporpriate to remind you that this is a Forum for knowledge sharing THRU resolving real-time/life HR issues / situations / problems.

And what's the answer you are expecting from this Forum by your response of "Termination is not on ground of her pregnancy" to Nathrao's query "What are the grounds on which she is being terminated?" ???

Nathrao asked for the actual reason & you reply by saying 'XXX' is not the reason ???

Everyone into HR knows that termination CAN happen due to any of a thousand & one reasons......and a solution for one cause CAN'T be the solution of other reasons [IF you are not into HR, excuse me for presuming that YOU TOO are a HR professional].

Frankly, your response...cryptic as mentioned by Saswata.......gives an impression that all's NOT above board in the termination reasons or process.

It's upto you to either give the full & complete picture OR not.

No member looses out here by not sharing their experiences to help-out others AVOID making mistakes when they can be avoided.........it's the one who wishes to take advice who ultimately looses out the essence of experience that's available in CiteHR FOR FREE, when he/she gives incomplete inputs.

Actionable suggestions/solutions can come ONLY when the inputs are complete and, in some instances [may not apply to you], without half-truths.

And it's only fair that persons who spare their time & effort [despite much busier schedules than many thread initiators] NOT BE INSULTED by presuming that senior members of the HR profession are all eagerly waiting to serve like waiters in a restaurant. Pl give SOME credit to others' time & intelligence.

Rgds,

TS
28th August 2015 From India, Hyderabad
Dear Shweta041 and Learned Members,

I am giving section 12 of MB Act (which Nathro did mention) verbatim as under as ready reference to you all.

"Section 12: Dismissal during absence of pregnancy

(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:

PROVIDED that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.

(c) Nothing contained in this sub-section shall effect the provisions contained in sub-section (1)."

Answer to the query one should find from this section.
28th August 2015 From India, Mumbai
I do not know why you are even bothering to explain so much.
I think it's better that for those who don't give replies or do not explain, we ignore and move on to the next question. We do not owe anyone an explanation for not giving them their solution.
30th August 2015 From India, Mumbai
Dear Saswata ji,
I feel, we are not answering any person but to his / her query. We are here to enhance our knowledge, sharing our knowledge what we have with others on the topic under discussion.
In this particular thread I got an opportunity to reproduced the section 12 of MB Act and tell the members to find out the answer from this section.
This is a view of one of the ordinary contributory members of this forum.
30th August 2015 From India, Mumbai
Dear All,
I must appreciate Mr Korgaonkat and Mr Nathrao to share the Section 12 of Maternity Benefit Act . It is a responsibility of a Hr Professional to educate the employer and the Business Leaders about the pros and Cons of Industrial Law. That's where Hr has an edge over the other functions.
Cite Hr is the platform where knowledge is acquired , shared and implemented
Regards
Dinesh
Positive Touchpoints
31st August 2015 From India, Calcutta
Hi Thankyou everyone for your valuable time & Sharing your answers .My intention was not to waste any one's time & effort here , I just need some clarity as per legal prospective what the secure & safe process to termination for an employee who is pregnant . As I was getting so many different answers , i post this query as here we have lots of expertise from HR Legal practice.
Thank you Nathrao , Saswatabanerjee Kirti & tajsateesh . I will put clear details on wards but got my answer at first.
Thank you Korgaonkar for your support , you are right we are here to enhance & share our knowledge and just to grab the best sharing experience .
31st August 2015 From India, Mumbai
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