Srinivas Nednurkar
Hr Operations
Malikjs
Gm (hr)
MPK222
Hr Executive
Athena & Bhairav
Legal Consultant
+2 Others

I am working in fmcg co. since 1 year 7 months. I informed to my HR regarding my pregnancy but after 4 days they ask to me for resigntion. what should i do please suggest.
Dear Devika
Hope you have informed the HR in writing via email about your pregnancy, if not then right away to that.
The HR cannot terminate you or ask you to resign under any circumstance when you are pregnant.
The employer cannot escape their responsibilities under the applicable law by practicing such dastardly acts and means.
Do not under any circumstance issue any resignation letter.
And keep all your communication between you and the employer/HR in writing while maintaining a parallel of such email in your personal email id.
Thank you
A&B
Approach Labour Office, if the HR is not mending his ways. Recently in Delhi Employee has claimed 1,00,000 from employer for this kind of issue after filing case against the employer in High Court.
Dear Devika,
As said by A&B communicate every thing through mail, Ask ur HR on what ground asking you to resign. As per recent amendment in Maternity benefit act, women who are carrying/pregnant are eligible for 26 weeks of maternity leave(including private companies).
Confirm one more thing whether you are covered under ESIC or not or above ceiling limit of ESIC. If you are covered under ESIC means, as per ESIC act they will provide you leave,pay for non working days during leave and also your management will have no rights to terminate you or ask to resign during ESIC leave.
thanks to all but HR is forcing to me for resignation on phone and email also. Also they are not ready to pay maternity benefits and mentally harashing.
Dear Devika
Please address an email to HR head, your immediate senior, your departmental head, Company MD and/or CEO , CFO,clearly stating that you are pregnant and you are aware of your rights under the law and hence under no circumstance willing to resign.
In case if the matter becomes severe then please do visit below link and log your complaint
NCW::Legal Cell
If you need any paid legal assistance then do let me know, I would be more than glad to help you with appropriate resources at the lowest cost.
Regards
A&B
Dear Devika
you are entitle to get maternity leave and they are no one to ask your resignation,you can make a complaint to labour dept and definitely they will help you .for further assistance if you need ,can write to us
Please confirm me can I take legal action for mental harassment after resignation. kindly help. xyz
Dear Devika,
As already suggested/advised by the professionals here in the forum,Please do not resign under any circumstance.Continue to work,keep your calm and if it is intolerable then take SL/CL which you would be having as an entitlement in your account.
Get a proper mail drafted from someone in HR (outside your Organisation) for the reasons your employer is asking for the resignation.I am pretty sure the HR person who is asking for your resignation will not be able to revert/reply to your mail.
Also keep forwarding all mail communication to your personal id for future references .. else take print outs of the mail communication .
Regards,
Mousumi
all mails should be with a return receipt. Obtain a certificate from the Doctor and submit to the HR & if they refuses then through Registered post with acknowledgement due, keep a separate file and file all the documents.
As suggested by our HR professional keep yourselves cool and continue till the date where you are eligible for maternity leave. The management can not terminate your services and initiate any action during the course of your maternity leave hence don't submit any resignation.
Ms. Devika: You have to take it as a challenge. The professionals in this forum are supporting to you. Not to think of resigning your job. Send communications on the status of your pregnancy to your HR by E-mail or by Regd. Post with Ack. Due. The Lawful benefits cannot be denied by any employer, as such denials are punishable including imprisonment under the defined statute. You are hereby advised to go by the professionals guidelines. Don't get confused / worried at this point of time and be relaxed. Regards
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