Queries
Hi

My friend is working in private bank (for eg. Hdfc, Axis). She is a confirmed employee & has completed 1year 6 months in that bank in same branch.

She is expecting a baby and has informed the same to her bosses. Due to some complication in her pregnancy doctors asked her to take a leave in initial period of pregnancy (she had a miscarriage last time).

So she had taken leave for 2months & submitted medical certificate for the same. All the pending leaves were exhausted and got LOP for 15 -20 days.
She just join few days back but because some issue she took leave for 2 days (informed bosses that she is not well and will submit the medical certificate for 2 days)

Her boss asked her to resign on immediately and if she doesn't then she threatens that she will issue her an absonding letter from hr and they will terminate her.

She is also been told that if she joins she can not take any more leaves as she has no more pending leaves and they can not grant LOP.

Note that, all of the above communication from her boss was done on phone call, nothing in black and white

Please let me know what can be done in above scenario.

I was shocked when I heard all of this. I had had many good suggestion from cite hr before this i hope I will be guided through this as well.


Thanks in advance

10th November 2017 From India, Mumbai

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Consultme
Entrepreneur
Dmc123
Legal Consultancy
+1 Other

Dear Pratik,

Earlier there was similar query on the forum. Click the following link to refer it:

https://www.citehr.com/583024-asked-...ml#post2351390

You say that your friend's boss has threatened her with termination of services? Could she record the audio call? I ask this question because we need evidence of the threat.

As of now, tell her to pull on till six months and on medical grounds she can ask for maternity leave on completion of the second trimester.

In case if things come to such a pass where the threat becomes real, then we will tell you what to do.

By the way, you are member of this forum since 2015. However, you have approached this forum only when you were in need. Well gentleman, when others help you, propriety demands helping someone else also. Therefore, I urge you to participate in the discussions and provide your valuable views.

Lastly, you are representing your friend. Why your friend could not become member of this forum and upload a post? It is better to listen the problem from the first party and not a third party. Notwithstanding your noble desire of helping her, a communication has least possibility of distortion if it is received from the originator.

Thanks,

Dinesh Divekar
10th November 2017 From India, Bangalore
Hi Pratik,

Your friend as well as management who represent the bank are ignorant on special privileges of women at workplace.

With reference to prevailing act/rules, quoting some clauses, which are relevant in the current context

Clause 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or
miscarriage. --
A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence
allowed to her under section 6, or, as the case may be, under section 9, to leave with wages
at the rate of maternity benefit for a maximum period of one month.


Clause 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.

Please refer Maternity Benefit Act http://www.labour.nic.in/sites/defau...fitAct1961.pdf

Also clarifications on latest amendment http://www.labour.nic.in/sites/defau...ifications.pdf
10th November 2017 From India, Bangalore
Dear Pratik,

Please ask your friend to put all these facts in black and white and present it to the management so that you can create a record against it which they cannot deny later. They have to reply to that letter, if not, it can be viewed adversely against them. If after all this also, they terminate her, if she is in Maharashtra, a complaint can be filed for illegal termination in Labour Court even on apprehension and interim relief can be obtained. In any other state she has to raise an industrial dispute provided she is a workman within the meaning of that Act or alternately approach machinery under MB Act also.
11th November 2017 From India, Pune
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