Anonymous
I had joined a company 1 and half months ago, and I was on probation period. I'm 5 months pregnant, and the night shift affected my health severely and it also affected my performance at work. Due to pregnancy related complications, the doctor advised me to take rest for some days in order to perform a minor surgery, when I emailed HR about medical leaves, I got termination letter over the email the same day. They said, my poor performance and previous leaves are reasons for the termination. They terminated me with immediate effect on 23rd. My question is, will I get the salary for the month or not? And what should I reply to the termination email?
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr

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drsivaglobalhr
296

Dear Colleague,
It is understood that you had joined one and half month back only and taken leave on medical ground considering your family way. It is a difficult time in life to balance family, health, and work. As you are on probation, the Employer would have terminated using the Termination clause of the Appointment Contract. Kindly go through the termination clause in the order given to you. Some orders will have 1 month or 3 months pay in lieu of notice period for such immediate termination. Hence you need to check your employment contract. If there is no compensation clause, then you may not get the salary for the month except the salary for the days you had worked. You may reply back to them after checking the clause as mentioned.

Aside: Take a full check of medical and focus on your health and start all new once you are ready physically as Probation is a period which has to be crossed successful in any company to get certain grip in the employment and other terms. Hence this is a crucial period for you. Take a good call for time being. God Bless.

From India, Chennai
Anonymous
Thank you for replying to my query and I appreciate your kind words. There is no termination or compensation clause in the offer letter provided to me. There's only mention about 6 months of probation period and 2 months of notice period.
From India, Pune
krishnavenigopal
2

Hi there,

I have a query regarding your termination...being 5 months pregnant and you have joined 1 and half month ago..moreover into night shift..don't you know while joining about the terms and conditions of your employment. Better you quit the job take care of you and the baby..enjoy mother hood..later rejoin to the same company if they accept..or else try different one.

Thank you

From India, Hyderabad
Anonymous
@Krishnavenigopal thanks for asking the question. I had been working in night shift for a long time before and there wasn't any problem. There are pregnant women who works right till their due date without any complications, so I didn't think there would be any problem in my case, too. Unfortunately my pregnancy turned out to be a bit complicated, which ended up creating this problem.
From India, Pune
krishnavenigopal
2

Yeah, I can understand..the reason why I asked is, even I am into night shift from past 14 yrs..personally noticed in long run facing health issues..I am on my job till a day before due date..but I was put into day shift from my management for an year..me too crossed complicated days..try at max not to spoil health especially during this particular time...think in all the possible ways and discuss with your higher officials.

Thank you

From India, Hyderabad
saswatabanerjee
2327

Since you were on probation, you can be terminated with immediate effect.
Further, since you have not completed 80 days at work, you are not eligible for protection under Maternity Benefit Act.

You will get paid till the date of termination. Since you are on probation, the is probably no notice period applicable.

From India, Mumbai
yessirvijaya@gmail.com
6

Even during the probation period, termination on account of poor performance, can't be a reason for termination. The management need to follow the principles of Natural Justice. As @krishnavenigopalan wrote that there was no termination clause in the offer letter. The said employer was fully aware that she was a pregnant, on humanitarian grounds, no progressive employer will take a decision like termination of the employment, that too, not on its own, after receiving a mail from suffering employee, hence, the decision of the management is not appreciable.

I suggest, write a mail to the management, stating your medical reasons and request for reconsideration of the decision. Whether they consider it or not, just leave it there.

Out of the box, pl take care of your health and spent time peacefully. God bless.

From India, Hyderabad

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