Labour Law Advocate
Founder And Mentor @ Ethical Business Strategists
Sr. Manager (p&a)
23rd February 2017 From India, New Delhi
23rd February 2017 From India, Jaipur
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letter to the company under registered/ speed post asking the company to consider the last letter of resignation as withdrawn as it was obtained under force and coercion.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
She can be terminated during her pregnancy only on gross misconduct, which no women usually do.
23rd February 2017 From India, Ahmadabad
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.
25th February 2017 From India, Thane
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
#AnonymousIt 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