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Hello friends. I am working in a reputed company and completed 8 years of service. Now i am six months pregnant. Now my HR informing me that my performance is poor also the role has been closed and asking me to resign. This is my only source of income and my husband income not enough to run the family. I am very much upset and didn't know what to do. Kindly suggest me the solution.
13th December 2015 From India, Chennai
Have you officially informed the company about your condition?
Section 12 of Maternity Benefit Act is relevant in this condition,
12. Dismissal during absence or pregnancy. -- (1) Where 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.
Have you been warned earlier about poor performance?
Officially inform the company about your medical condition.
Seek legal advice.
Law is on your side.
Do not worry.but you will have to boldly take up the matter with your company and labour officer of the area,if company persists with their plan of termination.
13th December 2015 From India, Pune
Thank you Sir, But I have not been informed before on my poor performance. Till last year got the appraisal. On my appraisal they told need more performance. Thats it. Also, got many appreciations 2, 3 years back. From 2009 to till date I am working sincerly to the organisation. After 8 years, now the company telling me that I am very low in performance and my position has been closed, and all over this will be the stand the companies will take. If need they asking me to check ML act. I dont know what is that act also. I have asked the company to give termination letter. But they said, they will not give.I have resign the job my self. They will be providing me one month salary as the best they can do for me.
13th December 2015 From India, Chennai

You should have informed the company about your pregnancy through some written proof like email . If you haven't done it yet then do it. As once a company is informed about pregnancy of any employee then they can't ask any employee to leave giving excuses like bad performance or something else. In this case the law will be in your favour.

But if prior informing pregnancy, they issue some warning letter or notice of leaving, then this might be in favor of them as in most of the appointment letters there is a standard clause " both side may terminate the employment by giving 1/2/3 months notice or salary in lieu, without citing any reason"

Hence act accordingly. Simply write a letter to them informing about your pregnancy and request for a leave of 6 weeks prior delivery and 6 weeks after delivery. Also please attach the medical reports along with the mail. This should be done only if they haven't written any kinds of mail to you regarding termination/resignation.

I hope this will help you.
13th December 2015 From India, Delhi
Thank you Mr. Sujan. Based on your suggestion I have informed today my pregnancy officially and requested for the maternity leave. Actually on friday they have orally informed me and yet to get any kind of mailer/letter from them.
14th December 2015 From India, Chennai
I have informed the company about my pregnancy today. I am afraid if they give any warning letter on my performance after seeing my mail. Kindly suggest how should I face the situation.
14th December 2015 From India, Chennai
""I am afraid if they give any warning letter on my performance after seeing my mail""
You are protected by law to a great extent.
It is not all that simple to take action against a lady employee who has asked for maternity leave and intimated her medical condition to the employer.
14th December 2015 From India, Pune
Don't worry, they won't do anything like this if they know labour laws. In case they do this then just inform them that you are going to file a case against them in labour court. Keep a printout of the mail you sent them informing your pregnancy and also the warning/termination letter issued by them.
Always try to maintain good relationship with employers. But if they don't follow laws and harass you then don't let them go. ......simple...
14th December 2015 From India, Delhi
Thank you Mr.Nathrao & Sujan Roy for the suggestion and support . Just would like to update my situation..Yesterday I was actually waiting for HR to call me for a discussion.And then the evening, my manager told me that HR will get back to me in couple of days.I dont know whats going to happen. Let me wait for their decision. Meanwhile my BP & sugar level was shoot up and taking medicines and coming to office regularly. But I have not given any job. Sitting idle for a whole day. .
16th December 2015 From India, Chennai
"" Meanwhile my BP & sugar level was shoot up and taking medicines and coming to office regularly. ""
Take care of health.
Do not worry as law is on your side.
If you have to go legal collate papers,emails and be ready for a legal remedy and informing local Labour officer also about the action of the company.
16th December 2015 From India, Pune
You don't need to be worried. Just be bold and don't take tension. You have to teach them a good lesson so that they can never do this with any pregnant lady.
Law is in your favour.
17th December 2015 From India, Delhi
HR yet to discuss with me. Their silent making me worry. I have not given any job. I am coming to office regularly and sitting the whole day idle. Came to know from others that my work was given to other staff purposely and those people were asking for the knowledge transfer of tasks which I've handled.. I dont know what to do. This makes me feel stress. Also my company is entering this year as a public limited from Private. Will they hold my salary? Are they finding any strong reasons to send me out? Being a public limited do they have more rights to give termination. Kindly help me with your suggestions Mr. Nathrao & Sujan.
18th December 2015 From India, Chennai
Silence is a strategy adopted to unnerve you.
Continue going to office,record your presence in attendance register/system etc.
If some other staff asks for knowledge transfer,ask them to get this request endorsed in writing from HR,so that you get a record and can reply also keeping matter on record
They are also aware of the law.
Whether it is public limited company or otherwise,law is the same.
You are well protected by law to great extent.
That is the reason they ask you to resign and do not want to terminate your employment.
Remain polite and calm in office and do not react in a manner that they can convert things in other directions.
18th December 2015 From India, Pune
Dont Worry, nobody have a right to remove a pregnant women as per act. The company's employees with more than minimum working days as per the law employment in the twelve months immediately preceding the expected date of delivery are entitled to twelve weeks maternity leave.
18th December 2015 From India, Hyderabad
No need to be worried. Keep on going office and get your attendance registered there everyday . Try to collect proof of daily attendance and keep it with you. If possible send a mail daily from your outlook (official email ID) to your personal ID which will show that you operated your computer system on the said day which means you were present. This will be needed only when you think that the employer may remove the attendance proof from the office to create some issues against you.
Rest you may follow as suggested by Mr. Nathrao.
Meanwhile you may write to HR asking why your work is being transferred to other person and what is your current job responsibilities. Write the matter on the same mail through which you informed about seeking maternity leave earlier, by forwarding it.
18th December 2015 From India, Delhi
In this competitive Market, we have to create our presence felt by some or the other means. Just try to attend the office to the extent possible. Mark your attendance & don't get panic that you are not being assigned any work.
Just pass your time silently holding your nerves & keeping yourself busy on your personnel Laptop, if possible.
As rightly quoted by Mr. Nathrao "Silence is a strategy adopted to unnerve you. If some other staff asks for knowledge transfer, ask them to get this request endorsed in writing from HR".
Rest assured you can't be fired or Terminated when you have already put up around 8 years of service in the Company. This is the reason, that the Company HR might be asking you to resign verbally only. Law of the soil is in your favour.
Just hold your nerves & try to compose yourself not reacting to any adverse situation.
Optimus Consultants
18th December 2015 From India
I am so grateful to you all for your valuable suggestions. Still my HR is maintaining silence. Can I go and talk to my department cheif officer on this. But I know very well with out her knowledge HR & my immediate boss would have not spoke to me. Kindly give your views. In my company the pathetic part is my department chief and HR VP are women staff. But still they are not supporting for women like me.
21st December 2015 From India, Chennai
You can speak to your chief and explain the whole situation to her from your point of view.
You could also discreetly mention that law gives some protection to women during pregnancy periods.
I am surprised that you call your company "reputed" when they do not want to follow the law.
That also shows that you have loyalty towards your company.
Be cool and collected.As I stress "law is in your favour"
21st December 2015 From India, Pune
You may talk to the Chief. But there is no point in talking with her as she might be knowing the facts and without her knowledge how can HR do all these things with you.
As I suggested earlier, write a mail to the HR & the Chief asking about what all happening with you and why your job is being transferred to the other person and what is your current role. This mail will serve the purpose of a proof of harassment by them which will help you in strengthening your case.
Pls note, this matter should be written keeping previous mail ( in which you requested them about maternity leave) as trail so that you can have linkages of all communications with them in a single mail.
And don't forget to keep records of the all the communications with them . You may take printout or may forward the mails in your personal email ID.
21st December 2015 From India, Delhi
Thank you Sir, I have mailed as you said in the trail mail which I sent. Also I have messaged my chief to give appointment for me to discuss. She said tomorrow. I am going to request her whether she can extend my services till my maternity. Being completed 8 years of sincere service in the organization, I am going request this only. I do not know what she might tell tomorrow. Really I do not have any intention to fight with such a big company. My only concern is I've completed these many years, but they didnt even considering when throwing me out in this situation. That's only hurting me a lot.
21st December 2015 From India, Chennai
sir, HR spoke to me and they said they provide my maternity benefits and medical insurance. After that they asked me to resign from the company. ie. when I rejoin after maternity. Actually my delivery would be around mid of april. So, they told me they will provide the salary till May which includes my maternity leave. For which I need to provide doctor certificate along with maternity leave form. This looks fair deal for me. Only my concern that I could not continue in this office after May. But I've convinced my self somewhat I have got Maternity benefits and medical insurance to manage the expenses.
If I would have not fight for it, definetely I might missed all these benefits.
Thanks to CIte HR site and the kind hearted persons who have given their suggestions and encouraged me to face this issue boldly.
23rd December 2015 From India, Chennai
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