Riteshmaity
Labour Law Advocate
Suresh2511
Labour Consultant
Raajesharya
Founder And Mentor @ Ethical Business Strategists
Vmhr@rediffmail.com
Sr. Manager (p&a)

Thread Started by #thegr8kd

My wife joined a reputed organization in august 2016 on probation period of 6 months.after few days we came to know that she is pregnant. We informed to the seniors on 1 nov for the same.that time they told us no need to worry your job security is 100% you can continue. Her probation period ended on 8 feb 2017. That time their seniors told dont worry we are doing your confirmation. But they didn't.

Now yesterday his reporting officer called him and tell we are not able to manage the resources who can work in your absence so we have to hire a new one. We can assure you one thing that after 6 months we can consider you for rehiring. It means indirectly they told her to resign. Secondly rehiring would be subjected to availability of post. And lastly i want to know whether she is eligible for maternity benefits or not? Kindly suggest what to do? The main drawback is everything is verbal communication.
23rd February 2017 From India, Jaipur
KD, it would be important to know whether she conceived prior to joining the organization. If yes, the organization would have a defense statement that her medical condition was not disclosed. Once I hear from you, I would be better placed to answer your question. Take care!
23rd February 2017 From India, New Delhi
Sir as she joined the company on 8 aug and we came to know this on 11 aug. So as per your question she conceived before joining date. But one can only know it after a specific period of time. If we know her medical condition why she joined the company .
23rd February 2017 From India, Jaipur
Maternity Benefit Act is applicable to your wife provided that there are 10 or more employees in the company and she had worked for at least 80 days in the company.
It is also illegal to terminate an employee when she is pregnant.
Since your wife was forced to resign (I assume that she won't be able to prove that directly), it is better to send another letter to the company under registered/ speed post asking the company to consider the last letter of resignation as withdrawn as it was obtained under force and coercion. The time factor in this regard is very crucial, hence, if you want to act, act immediately without any delay.
23rd February 2017 From India, Kolkata
As suggested by Ritesh Maity, please ask your wife not to put her resignation under any circumstances, instead she has to send an application informing the management about her pregnancy and considering the Maternity Benefit as per the Act (Amended). Under no circumstances she would be terminated or reject the application of Maternity Benefit, hiring a new candidates on temporary or permanent base is not your headache.
She can be terminated during her pregnancy only on gross misconduct, which no women usually do.
23rd February 2017 From India, Ahmadabad
You have stated that you informed the Management on 1st Nov. 2016 when you came to know just after 3 days of your joining i.e. 11th August. Why you didn't disclose and kept silent for 2 months & 20 days? Is there any specific reason?. The Management may be thinking that you were pregnant before your joining but didn't disclose because you wanted to join company to claim maternity benefit.
If the Management is willing to rehire her after the delivery what is the harm.
At this moment, just think of your spouse and baby.
Regards,
Suresh
25th February 2017 From India, Thane
DURING Pregnancy the Management can not ask the employee to resign as per the law in existence and hence re-hiring question does not arise. V.Murali
26th February 2017 From India, Madipakkam
There are two underlying issues here -

1. The date when pregnancy came to the knowledge of employee and when it was informed to the employer. If the date of incidence is after joining the employment and there is an evidence on record, say, a diagnosis report from the doctor, there is a sufficient evidence to substantiate that the intent of employee was good. Otherwise, it would become a case of 'hiding critical information' from employer.

2. There would be a need of some communication from employer, in writing, to prove that they has information about the pregnancy and they agreed to confirm the employee regardless of this fact. In the absence of both the information, employer has a strong footing to say that they were deceived by falsifying the facts.

Lets be fair to both the parties and try to find concrete evidences for healthy communication between the two, instead of looking for a legal resort.

I also read somewhere, that the employee had already resigned. Why, is another question to be responded with reasonable evidences. There should be written evidence to prove that the employer forced the employee to resign, otherwise the claim of illegal termination will not be sustainable in the Court, if such a need arises.
27th February 2017 From India, New Delhi
#Anonymous
It does not matter whether she was pregnant at the time of joining or not. What matters is whether she has completed 80 days or not in service while proceeding on maternity leave. In your wife's case, she has completed 80 days and hence she is entitled for Maternity leave. Tell her to fill up the required form for leave and submit the same and retain the copy. If they ask her to resign, tell her to ask for it in writing. She may also inform the HR that as per law she is entitled for Maternity leave and if forced to resign, then she will take it up with the statutory authorities. That will help in the HR to be a bit cautious.
27th February 2017 From Indonesia, Jakarta
Thanks to all of you for valuable suggestions and advice.She got the confirmation.
2nd March 2017 From India, Jaipur
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