I'm working with present company since last 10 months in Gurgaon. Yesterday,, all of sudden my Manager called me and 4 more Junior employees and said we need to resign as company is going through cash stress, did not informed in-person which caused a mental harassment as well, and said that I would be required to resign & then relieved from my job by July end citing reason that Company is not doing good.
Presently i'm in third month of pregnancy & its quite unlikely for me to search new job and work in new organisation. It is also surprising to notice that I was asked for resignation soon after I had informed about pregnancy to my reporting officer for information as it was essential for me to inform my reporting officer. But asking to resign was least expected and that too in front of other employees causing mental harrasment. In such situation can you advise suitable course of action. I also denied resigning but still they are forcing me to resign on immediate basis even after telling about the loss which i would incur for being jobless. Can you suggest what recourse do I have as per Indian Laws?
The company is trying to evade Maternity benefits.
You give it in writing about pregnancy and mention that you had verbally informed so and so about the medical condition.ey are doing illegal act and therefore they want resignation from you as a cover.
You should not give any resignation letter under any circumstances.
If the company troubles you,tell them that you will be forced to go legal.Company will be aware that th
Hi
I am extremely sorry to state that after the recent amendment to Maternity Benefit Act enhancing the Maternity Benefit Leave from 12 weeks to 26 weeks most of the employers have started intimidating the pregnant woman employee at their whims and fancy. They force the employee to resign due to one pretext or the other. This attitude is now very common particular in IT Sector. I have come across with couple of cases in the High Court Madras and also with Labour Office in Hyderabad involving Companies like TCS, Verizon.
These type of cases are coming up daily.
You mentioned that you have informed your superior about your pregnancy. I hope you might have submitted the supporting documents (confirming your pregnancy report by the Doctor)
The cash stress expressed by the Management may be an excuse.
Either they can terminate your service or they will force you to resign.
In any case you have to approach the appropriate legal Forum (the Labour Commissioner) for justice.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
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