Rajanassociates
Legal Counsel
Nilendrachand
Human Resource
Fayeg
Human Resources Officer
Daleep
Hr Consultant
Mitha
Service
+1 Other

Thread Started by #mitha

Hello,
I am working with Dow Chemicals (India), Permanant employee completed one year in the month of October 07.
currently i m 6 months pregnant, and due to some change in company business norms,, comapy HR is asking me to resign as the current my job role is going to end.
I wanted to know, can the company terminate my sevices at this point of time of pregnancy. and what the clause that i can raise for avail the benefits at this point of time
Mitha
Mumbai - India
20th November 2007 From India, Mumbai
Hi,
Please confirm if you have received any confirmation letter. Also you can sit across and ask your HR, why they are asking you to resign.
Mitha at this stage, you need not worry. Your health and your baby health is of utmost importance. Please take care.
Fayeg
20th November 2007 From United Arab Emirates, Dubai
Hi Mitha,
Going thru your query, understand that company has asked you to resign because of role redundancy and not because you are pregnant.
You need to check with the management the following
1. can you be retrained/reskilled for any other suitable role? - till the time you go on maternity leave.
2. If the answer is no for point # 1, you need to ask for lay off/termination compensation from the management. Normally, your appointment letter would carry all the details.
Thanks and the above is based on the presumption that role redundancy is independent of individual based issues (pregnancy, ill health, marriage, etc)
Giridhar
20th November 2007 From India, Bangalore
Dear

You cannot be asked to resign. Resist it .

Pls find the following inputs on Maternity Act :

As per the Maternity Benefit Act 1961 every women

shall be entitled to and her Employer shall be liable

for the payment of Maternity Benefit at the rate of

the average daily wage for the period of her actual

absence that is to say the period immediately

preceding the day of her delivery, the actual day of

delivery and any period immediately following that

day.

The maximum period for which any women shall be

entitled to maternity benefit shall be twelve weeks of

which not more than six weeks shall precede the date

of her expected delivery.

The average daily wage means the average of the Woman

wages payable to her for the days on which she has

worked during the period of three Calendar months

immediately preceding the date from which she absents

herself on account of maternity.

The qualifying period is provided in the Act that no

woman shall be entitled to Maternity Benefit unless

she has worked in an establishment of the Employer for

a specified period preceding the date of her expected

delivery.

In view of this you can write to your Company or tell your reporting officer that the first thing is for you to go through the delivery process and not to put you under mental strain.If they persist you can make as Complaint to the Designated Govt Official under the Maternity Act.

with kind regards,

V.Sounder Rajan

Chennai – 600 001.

Off : 044-42620864, 044-65874684

,
21st November 2007 From India, Bangalore
Dear Mitha,
On legal ground you cannot do anything as no where in law its written that a pregnant employee cannot resign. Your right for leave will arise only after 7 and 1/2 months of pregnancy.
Request your boss for a change in profile if possible or ask him, on a compassionate ground, that you will resign after delivery.
I feel sorry to say that at current stage there is no law which can protect you. At best try to continue office till 7&1/2 months of pregnancy and take maternity leave. Then once you are on leave your services cannot be terminated as per factories act.
My suggession will be that dont think about your job right now. Just try to be as much normal as possible as a turmoil state of mind will affect the health of your baby.
Its a difficult stage but you only have to cope up with it.
Regards,
Nilendra
21st November 2007
dear mitha,
firstly, congratulations n al the best for ur baby.
secondly, i dont think ur company is asking u to resign coz of ur pregnancy coz they ve clearly stated that its coz ur role is gonna end.
so, like nilendra said, u cannot fight it legally. even in the excerpt which ranjan has given, no where it states, pregnant woman cannot b asked to resign.
u can ask for termination pay as per ur offer letter terms n condition or u can ask ur company for re-training or skill upgradation etc.
thirdly, just relax n enjoy ur motherhood. u can retun to working again in another company whenever u wan. i m sure u r competent enuf to find a job easily.
21st November 2007 From India, Hyderabad
Dear
As per the previous post prolong by more than one and half months and then complete your Maternity process . Are they doing this not to pay you Maternity Benefit .
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
21st November 2007 From India, Bangalore
Hi,
Legally you cann't be asked to resign as it would be in violation of the labour laws as applicable in India.
However,on the face of it as you mentioned, it seems that because of the change in business you are asked to resign, but it may be just cover up for volutary termination.
you need to discuss with boss/HR and straighten the things.
My advise to you would be even if you are asked to resign, please don't worry, as it would harm your baby. Take it easy, but sort it out
Daleep
25th November 2007
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