coolbareilly
Manager/IT
Hello Everyone,
Need some help on maternity rights for a women on fixed term salaried contract. One of my friend was working with an organization which employees an individual on fixed term salaried contract. As per her appointment letter, she has almost every benefit which an employee gets except for gratuity and a clause where either (employer or employee) can terminate the contract on 1 month notice. My friend was working with the organization for almost more than one and a half year before she got pregnant. She informed her Manager on her pregnancy. But to a surprise her manager didn't renewed the contract and gave her 1 month notice (as per contract) that her contract will not be renewed because the project is over.
Now my query is, can an employer terminate or can not renew the contract even if they know that the women is pregnant. I am looking for serious advice as she is very much disturbed.

From India, New Delhi
umakanthan53
5123

Labour law & HR consultant
My dear friend, Whether the employment was on a contract in which both the tenure and salary are fixed? If so what was the duration of the tenure?
From India, Salem
nathrao
3053

Insolvency n GST Professional
Prima facie the reaction of management is incorrect.
As asked by learned member above-what was duration of contract?
Probably the person cn approach labour commissioner for redress and incorrect/illegal(?) termination.

From India, Pune
varghesemathew
906

Now freelance consultant in Labour law/HR
Except that the salary and tenure is fixed,the employee on FTE is eligible for all legal benefit subject to the fulfilling of conditions under the respective Acts.
From India, Thiruvananthapuram
Harsh Kumar Mehta
916

Consultant in Labour Laws/HR
Dear member, in the past discussions were held on similar subjects many times in this cite. For your kind information, I am giving online link in such 2 cases as follows:-
https://www.citehr.com/521552-matern...-download.html
https://www.citehr.com/531118-regard...y-benefit.html
You can search more threads in this citeHR in which similar subject has been discussed. For further clarification, it will be more better if you may kindly indicate the nature of "organisation" in which the female employee was working. Whether it is private establishment, PSU or Government Office ?

From India, Noida
coolbareilly
Manager/IT
Dear umakanthan53,varghesemathew,nathrao,
The employement was on contract with fixed tenure for 1 year and keeps on renewed every year. Salary offered was fixed, but had proper breakup eg. Basic, HRA, Conveyence Allowence, Phone reimbursements, Medical reimbursement & medical insurance as well. There was also a deduction and contribution from employer for EPF.
The organization where my friend works is a public-private organization.
Dear Harsh Kumar Mehta,
I searched the site for similar threads but couldn't find concrete answers. That is the reason I initiated this thread.
I would be grateful, if you could please suggest us a good labor commissioner or lawyer in NCR with whom we can discuss the complete matter.

From India, New Delhi
nathrao
3053

Insolvency n GST Professional
You must visit the local Labour Commissioner under whose jurisdiction the organisation falls.
Matter of lawyer comes u as a last resort as legal remedies are time consuming and more expensive than the amount you may get as Maternity Benefits which were denied.

From India, Pune
Dear all,
I feel no clues may be found in the law to take action against Employer/Manager, as the Employer discharged his duty as per the law by giving 1 month notice to the Employee/Women and top of that its a FTE and the Employer has every right to take action of termination based on the Project Period and limitations.
But under the humanitarian grounds, its not appropriate to terminate a Woman who disclosed her pregnancy condition fairly, presuming that the termination is attached only with the reason of Pregnancy and Maternity Benefit to be eligible.
Sarisri.

From India, Mumbai
umakanthan53
5123

Labour law & HR consultant
Dear Sarisri,
Under the contract of employment between the employer and the FTE Contract employee, the employer can terminate the employee by giving one month's notice on the close of the tenure - agreed. That the contract got renewed in the past and the intimation of the fact of pregnancy of the employee was the reason for refusal to renew the contract on the apparent ground of expiry of the project are the facts to be kept in juxta-position for analysis. The right to payment of maternity benefits provided under Sec.5 and the restrictions on the dismissal, discharge of a woman any time during her pregnancy imposed under Sec.12 of the Maternity Benefit Act,1961 will certainly prevail over the terms of the contract of employment. If I remember correct, the poster has raised a different issue on the same facts in some other thread and our learned friend Mr.Harsh Kumar Mehta has offered his views in the form of certain counter questions to the poster.

From India, Salem
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