Anonymous
Hi, I wanted to enquire about an issue with my wife. She is 7 months pregnant and few days ago her boss asked her to resign the job due to low performance or they will terminate her and then they removed her online access for her work. she was supposed to go for her maternity leaves from next month. What can be done here?

vmlakshminarayanan
919

Hi,

Employer cannot terminate an employee during pregnancy even if the reason for termination is due to low performance. It is against law. Please advise your wife not to submit resignation. If resignation is submitted, it would be presented as if she had submitted the resignation on her own and not out of any compulsion. If the Employer terminates the same can be challenged before the competent Labour Authority.

From India, Madras
Anonymous
she has not submitted her resignation till now but they have removed her access to mails other sites. she has sent a mail to them asking to activate her credentials as she is not able to log in to work. it was only told her over a call where they had forced her to resign immediately on the call. the HR was also there. then she was told that we give you two days to resign but they removed her access.

vmlakshminarayanan
919

Hi,

Understood. Hope she had already communicated to her Employer about her Pregnancy and about her plan Maternity leave ?

Now she can contact the local Labour Officer of her office jurdiction. They will help her.

Also before proceed please ensure your that your Wife's employer come under the purview of Maternity Benefit Act which is primarily important.

From India, Madras
Anonymous
Yes she does come under the maternity benefits act. Also she was just sent the termination letter today. So now i might be able to take this legally.
She had already communicated that she is pregnant and was working from home.


saswatabanerjee
2383

The termination is illegal You can approach the competent authority under Maternity Benefit Act (mostly the chief labour commissioner). This link should help you https://clc.gov.in/clc/jurisdiction
From India, Mumbai
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