Queries
Hello Friends,

My name is Nisha, i was working as CTM (Admin Manager) for one of the center (Chandivali branch) called Red Bricks pvt ltd. My joining here was 4th November'16 & i was pregnant in the month of May'17 & i had informed my management verbally about my situation & also i once followed up for my confirmation letter as i completed 6 months of my probation. I was asked to serve
PIP 04 July 2017(below is the mail)

Dear Nisha,

Based on our telephonic conversations and the repeated issues which we have been facing with you are again noted below. We are putting you in a performance improvement program for the period of 1 month where will be looking at you to focus on these factors and improve your performance as per the company standards.

Adhering to the shift timings
Grooming as per the standards
Center readiness and presentation

Please note if there is no satisfactory improvement on above by 31st July, 2017, we would regret to provide you with 1 month notice to move on with your professional career. Request you to understand the criticality of this email and act accordingly since we wish to have you with us for a long but we are not getting sufficient support and integrity towards your job role from yourself.

I wish you all the best and let me know in case you need my assistance anytime during this period.

Regards,


As asked i served the notice period (PIP) as mentioned. I again followed up for my confirmation letter again verbally. They informed they will give the confirmation telephonic conversation. But few days later i received another mail from my management of 16th aug'17.

Dear Nisha,

It is with deep regret that i wish to inform you that we will no longer be interested in keeping your position as CTM in chandivali tex centre.

your non presence at times when we have come & handling to vendors, clients & support people has not been up to the mark.

We will not be able to continue like this.

you can please take this as a one month notice period & consider your termination from 15th sep'17.
11th October 2017 From India, Mumbai

PARTICIPATING IN DISCUSSION:
Umakanthan53
Labour Law & Hr Consultant

Dear Nisha,
Though your post is a little bit lengthier, it lacks some essential details.
First, you have not mentioned your views about your being placed on the PIP for one month following the completion of 6 months period from the date of your joining. Had your performance been satisfactory, normally you would have been confirmed by the second week of May,2017. Any indication in the mean time from the Management about your under performance prior to the letter placing you on PIP effective from July4,2017? In the absence of any negative feed back about your performance before completion of the 6 months probation period, the decision of the Management to place you on PIP in view of your unsatisfactory performance after a lapse of almost two months that too after getting informed about your pregnancy in July,17 is certainly indicative of their intention of sending you out in order to deny your statutory maternity benefits. Therefore, they have terminated your services w.e.f 15-09-2017 couched in nice words. Since you were in supervisory or managerial cadre, no point in agitating against the merits of your termination.
Second, whether you informed the fact of your pregnancy formally any time before your termination?
Had you done so, the termination can not deprive you of your maternity benefit or medical bonus as per sec.12(2)(a) of the Maternity Benefit Act,1961, if it is applicable to the establishment. If so, you can make an appeal u/s 12(2)(b) of the MB Act,1961 within 60 days from the date of termination to the Inspector under the Act for the area to decide the question of maternity benefit.
11th October 2017 From India, Salem

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