Dinesh Divekar
Business Mentor, Consultant And Trainer
Psdhingra
Legal Analyst, Hrm
Ashutosh Thakre
Hr Professional
SHARANFARMANA
Manager H.r
+3 Others

Hi, thanks all for good work and advise.

I am Swati and been working with one software company at Noida since last 6 years and I am 4 months pregnant. Recently during annual appraisal I was formally told that my performance had issues in previous year and was given no increaments or bonus. After that I got pregnant. Recently I was approached by my Sr Mgr and was verbally told that I may probably get fired and should look out for another job, and he is telling me this as a well wisher. At the same time I was given good verbal feedback for my work on one of the call by my onshore boss in presence of my Sr Mgr last week. I spoke to my Sr Mgr about giving me some more time till my delivery and after that I'll leave myself, but he is not listening and saying that the decision has already been taken by management. In case of termination I will get 3 months notice period and salary for it. This was the first negetive feedback in my last 6 years with this organisation and my employer has not put in any efforts to train me, counsel me for my problem area or to retain me; still I receive verbal appreciation last week. I am so much worried about my job, maternity benefits, and impact of all this on my child. Also confused that why I am not being given a second chance despite improved performance. There is no formal communication/ warning I have received on my termination, only verbal advises from my Sr Mgr to search for a new job. Who would hire me in such condition, I am not in a condition right now to look out for a new job due to some complications.

Could you please help me understanding my rights in this case as I am really going disturbed due to all this.

Should I go on unpaid leaves till my delivery in Nov 2016 due to medical reasons as my gynac is suggesting, but what would happen to my job and benefits; please advise.

Thanks & Regards.
27th May 2016 From India, Delhi
Dear Swati,

You have linked your pregnancy and under-performance. Nevertheless, intimation of under-performance has come before the disclosure of pregnancy. Therefore, it is point to moot to what extent these two issues can be linked.

Coming to under-performance. Have you been told the causes of under-performance? On what parameters the performance is measured? Do you have evidence to prove that you did not under-perform per se? If you have under-performed then have you been placed under Performance Improvement Plan (PIP)? If yes, what is the duration of PIP? I recommend you applying for the maternity leave at the end of the completion of PIP. This will give you margin of three months.

Other than your manager, has HR spoken to you about your exit from the company? What is the HR's view? Is it that HR plays second fiddle and they have role other than executing the orders?

By chance if you are told to quit the company on account of under-performance, then be as it may. The reason of pregnancy may come handy to you to cover up the under-performance. Once your child grows up, you may look for another job and reason for your exit can be your maternity issues.

Lastly, about excessive worrying. These are not the times to worry about your job. You are not alone now. You are due to welcome a newcomer. Childbirth is a major event in anyone's life and events of life cannot be given primacy over career. Over-worrying could impact healthy development of the foetus.

If you lose this job, you will get another one. For the six long years if you have performed well then it can be deduced that overall you are a good performer. I can understand what kind of heartburn you had when you got the news of under-performance. But then top-notch cricketers also lose their form in middle of career but they spring up and I am sure that you will also spring to your original self. Do not expect constant success in the life. It is unfortunate that the under-performance and pregnancy are in tandem but then bumpy rides are there everywhere and so is this bump. Pass the bump and let the journey go on!

All the best!

Dinesh Divekar


27th May 2016 From India, Bangalore
Mr Dinesh has given good advice.

For the time being you are protected by sec 12 of Maternity benefits Act:

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.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the

woman but for such discharge of 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.

Please focus on the health of the baby and your well being.

Give formal notice of our medical condition and apply for authorised leave.

You can take up the matter with HR and look for other job etc after our pregnancy condition and child birth etc.
27th May 2016 From India, Pune
Hi,
Swati
there are so many companies who cost cutting on Maternity leaves. Leaves were 12 weeks in past but now presently these leaves are increased to 26 weeks it means lumsum 6 month.
if your management say that you are fired from this company
in that case you have demand this order ( Fired ) in written.
and don't given the resignation.
there is a lot of amount company pay to you on your full and final.
grauity
leave incashment
notice pay 1 month salary
maternity leaves also ( after conciliation in labour case if you are win )
all month salary from fired date to case end date ( if you are not working with any another company in this duration )
27th May 2016 From India, Mumbai
Hi Swati,
You were formally informed that your are not performing and so the increments and other things are not been given to you. You have also signed and accepted the same. So, the incident of you under performing happened before the pregnancy.
You are covered by the maternity law no doubt, but for only 3 months as the 26 weeks maternity law is yet to be passed. You will survive these 3 months, the company will pay you also (may be due to the law) but what after that? Do you think that the company will not take the decision to terminate you post your joining back. and what ever the improvement feedback have come are verbal, which cannot be proved.
Think from the long term and also about your own family and only then take a decision.
Filling a case and winning is one thing, will you be able to go to attend the case hearings in the complicated condition that you are facing.
Regards,
Ashutosh Thakre
27th May 2016 From India, Mumbai
Hi all, thanks for advising.

Yes I have accepted my underperformance at the time of annual appraisals this year, why-when-what is a different story.

No they have not put me under PIP yet but I am feeling pressurised and tensed due to my Sr Mgr coming me every now and then and asking me to try finding another job. He is saying that I can prepare for my new job interview at work place, or reach him out to discuss anything related to finding a new job. This all has developed complexities in my body. I don't know if I should now go to office or take leaves as been suggested by my gynac. Also how should I find a new job under present circumstances as been told by my Sr Mgr.

I have full respect for their decision but had it been normal I would have accepted it gracefully, bit now my circumstances are different and I have no option.

I am also worried that if I'll raise my voice then tomorrow I may find challenge in finding a new job after my pregnancy, as the new employer might ask them for their feed back.

To be very honest no grudges for anyone and just want to secure my benefits what I deserve and nothing else. Don't know if I will get anything else apart of my 3 months notice pay in this case if I follow the advise of my gynac and go on leaves from tomorrow on medical grounds under my pregnancy. I do not feel good when my Sr Mgr comes to me ask me to find a new job every time.

This is a small company, with their head office in Italy and UK, but all of them seems hand in hand and noone is bothered about my health.

They have HR but just on papers, what I'll discuss with them will surely first go to my Sr Mgr, so don't know the exact route I should follow in this case!!

I have not received any formal letter so far but I am afraid if one day they disallow me to enter the premises and ask me to leave then and there, but I have not done anything wrong!!

Thanks again for your advise.
28th May 2016 From India, Delhi
Dear Swati,

Informal/ verbal notice or instruction of your Sr. Mgr. has no value. You cannot be compelled to carry out such instructions.

Since they cannot deploy you on some work of hard nture during your pregnancy for one month before 6 weeks your expected date of delivery on maternity leave and cannot also terminate you during pregnancy, except otherwise than on diciplinary action for any misconduct, they seem to be building up mental pressure on you to leave the compamy at your own by tendering resingnation by virtue of which they would also save the maternity benefits due to you and to be paid legally, beisides creating any comlpicacy expected to be faced by the company.

Members have duly apprised you of the legal position about your case. But, assumedly, you have not given formal notice of your pregnancy to the management, which they seem to know informally. So now, better take some practical steps at your own. If you have not given notice in Form B about your pregnancy, as a first task, better do that without losing any time to avoid day to day mental harassment & tension being caused to you by your manager. Your notice in prescribed form would clearly state the date from which you will be absent from work, not being a date earlier than six weeks from the date of your expected delivery. After that if your manager still persists you to leave the company, just ask him politely to serve you notice of termination. You cannot be compelled by the company to resign against your wishes.
28th May 2016 From India, Delhi
Hi All,
My wife is working in a online furniture company here in Bangalore, India. She is 3 months pregnant now. Her company is asking her to resign now. They put her in PIP (performance improvement plan) with it withdrew after they know she is pregnant. They have terminated many of her colleagues (from different team) by giving PIP as their salaries were on higher side. There is no performance issue, she had been working there since last two years.
Now, She was also told that her salary is on higher side and they want to heir new resource with lessor salary, so they are asking her to resign. If she resigns they will provide 3 months compensation. As she has just completed 1st trimester of her pregnancy, she can not seek any employment anywhere for next 11 to 12 months.
Any advice?
Thanks
Ranbir
9880360169
1st February 2018 From India, Bengaluru
Forcing to resign is offence. Employee can lodge complaint. The onus of providing evidence is on employee. Employee should record such transactions (audio/visual), keep witness for use at appropriate time in appropriate forum
Forced resignation may be deemed termination.
1st February 2018 From India, Pune
#Anonymous
She can put an email about the query to Manager looping HR. And wait for the reply so that you can keep something for proof.
No employer has right to remove an employee when she is pregnant or in maternity. Is there any warning letter given to her? Usually, a company will give 1-3 warning letters to the employees.
1st February 2018 From India, Hyderabad
Dear Ranbir,
Seniors have given the advice for the past post that was similar to yours. Go through each reply and find out what is suitable to you.
Thanks,
Dinesh Divekar
2nd February 2018 From India, Bangalore
#Anonymous
Hi All,
I am an HR working in an IT firm in Bangalore. I joined current company in June and told my employer about my pregnancy in 2 weeks after joining. Things were going pretty well and my manager has discussed to give proper handover before going on maternity leave. Now just one day prior to my maternity leave beginning my employer had terminated me when currently I am in 9th month of my pregnancy.
Please suggest.
Thanks in advance.
8th November 2018 From India, Visakhapatnam
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