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
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
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
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
16th December 2015 From India, Chennai
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
18th December 2015 From India, Chennai
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
18th December 2015 From India, Hyderabad
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
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.
18th December 2015 From India
21st December 2015 From India, Chennai
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
21st December 2015 From India, Chennai
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