niketan-kumar1My wife is working with an MNC for the past 2 years. Recently the company did a downsizing and put on bench some people from her project .She is currently 5.5 months pregnant.The company has made it clear in their policy that people on bench need to find a new project within 2 months of being put on the same else they would be asked to resign.
Now the problem is nobody is looking to take my wife in as she anyways was planning to take Maternity leave after 3.5 months .... I need to know what options are available legally if the company asks my wife to put papers at the end of 2 months ...Note : My wife had already conveyed to her superiors about her pregnancy in an email.
From India, Bengaluru
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nathraoShe is protected from being removed or terminated as she has officially informed the company management about pregnancy.
But long term stability of job is doubtful.
They will find ways to cut staff strength.
Maternity Benefits Act Act, 1961 (“Act”) governs the conditions of service of women employees on maternity leave.
Maternity Benefits (Amendment) Act 2017 has not made changes on the aspect of termination of a women employees’ services due to maternity status. The Act, as amended provides for rights of:
One such duty, which has been spelt out is that the employer cannot terminate services of a woman employee who is on maternity leave.
Section 12(1) of the MB Act states that when 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.
In Neera Mathur case a woman who was on probation was dismissed from LIC of India, when she was on her medical leave.
The ground of termination given by the employer was that she deliberately tried to hide the fact that she was pregnant at the time of filling up of declaration form prior to being appointed
Honble Court not only directed the LIC to reinstate her but also held that collection of personal data relating to pregnancy, menstrual periods are violation of the right to the privacy of the woman. The Court further observed that such personal data is collected to deny women the benefit of medical leave to which she is duly authorised.
From India, Pune
nikkie77Hi I would further like to know on the same grounds that if the role in which the female employee was has become redundant & there is no other alternative can the company ask her to leave after she resumes. This provided all that is due to her is paid including notice period.