In case if a person is removed from the organisation due to pregnancy, should the company pay her notice period amount and pregnancy benefits?
15th November 2018 From India, Bangalore
Please provide more information as in whether the person was covered under ESI or not; and for how long did she serve the organization.
Pregnancy is a very sensitive issue; and an employee can not be removed just because she is pregnant. If she is removed, she can make a complaint to the concerned Labor Officer; and trust me the entire course of action will be in her favor.
Regards
Rahul Chhabra
15th November 2018 From India, Delhi
Hi
Removing an employee in her pregnancy is illegal. Please go through the Maternity Benefits Act Section 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.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefits or medical
bonus or both, shall be final.
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection
(1).
Thanks and Regards
15th November 2018 From India, Hyderabad
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