Dear Friends,
One of my colleagues' wife works in a private sector concern in the software department, which she joined 6 mths ago. Her confirmation was due this month.
Till this period there were no issues for the management regarding her work. Even her appraisals which took place in Sept. was quite good and her reporting officer herself personally told this lady that the performance is quite satisfactory and she has a lot of potential to grow further in the organization.
However, 2 months back she informed her reporting manager that she was pregnant because she already had undergone a miscarriage earlier and the doctor had advised her to be very careful this time and not over burden herself. The manager did not seem to have any issues with it since the last 2 months.
However just on the date of her conifrmation the management seems to give all silly reasons as to why they cannot confirm her and why she should leave the company.
The same management who did not have any problems with her work or attitude during her probation suddenly seems to have issues during her confirmation. Now they feel that since work load in the dept. is not much, the responsiblity can be handled by the existing employees in the department.
Then they state that the higher ups were against the idea of creating this position but they were forced to bow to the wishes of the then manager who left the company subsequently. Then when they realised that these allegations/reasons don't hold any water they have broached the subject of her leaves. She has 20 leaves to her credit during her probation period but as per co. policy, an employee is entitled to only 2 leaves every month the rest are encashable. She has taken 8 leaves so far. If leave was an issue; it should have been broached during appraisal. Probationers at managerial level have taken as much as 22 leaves but they have been confirmed this month.
I have the following questions:-
1) Can a company ask a lady to resign if they are notified that she is pregnant and her date of delivery is after 6 months.
2 ) The management does not state the reason of maternity leave clearly but is now accusing the employee of non satisfactory work. If this was the issue, this could have been broached during appraisal or any time during the probation period why wait till the confirmation date?
3 ) There is no use talking to the mgt. as it is a highly centralized set up and the decision of 1 man rules.
4) She is not in a position to search for a new job right now as no co. will be willing to employ any one who will go for maternity leave in 6 months. She cannot sit at home because of financial compulsions. These tensions are having an adverse effect on her health also.
What should this lady do under these circumstances. Is there no law to take such mgt. under the scanner for gender discrimination? Please advise as this issue needs to be addressed urgently.
One of my colleagues' wife works in a private sector concern in the software department, which she joined 6 mths ago. Her confirmation was due this month.
Till this period there were no issues for the management regarding her work. Even her appraisals which took place in Sept. was quite good and her reporting officer herself personally told this lady that the performance is quite satisfactory and she has a lot of potential to grow further in the organization.
However, 2 months back she informed her reporting manager that she was pregnant because she already had undergone a miscarriage earlier and the doctor had advised her to be very careful this time and not over burden herself. The manager did not seem to have any issues with it since the last 2 months.
However just on the date of her conifrmation the management seems to give all silly reasons as to why they cannot confirm her and why she should leave the company.
The same management who did not have any problems with her work or attitude during her probation suddenly seems to have issues during her confirmation. Now they feel that since work load in the dept. is not much, the responsiblity can be handled by the existing employees in the department.
Then they state that the higher ups were against the idea of creating this position but they were forced to bow to the wishes of the then manager who left the company subsequently. Then when they realised that these allegations/reasons don't hold any water they have broached the subject of her leaves. She has 20 leaves to her credit during her probation period but as per co. policy, an employee is entitled to only 2 leaves every month the rest are encashable. She has taken 8 leaves so far. If leave was an issue; it should have been broached during appraisal. Probationers at managerial level have taken as much as 22 leaves but they have been confirmed this month.
I have the following questions:-
1) Can a company ask a lady to resign if they are notified that she is pregnant and her date of delivery is after 6 months.
2 ) The management does not state the reason of maternity leave clearly but is now accusing the employee of non satisfactory work. If this was the issue, this could have been broached during appraisal or any time during the probation period why wait till the confirmation date?
3 ) There is no use talking to the mgt. as it is a highly centralized set up and the decision of 1 man rules.
4) She is not in a position to search for a new job right now as no co. will be willing to employ any one who will go for maternity leave in 6 months. She cannot sit at home because of financial compulsions. These tensions are having an adverse effect on her health also.
What should this lady do under these circumstances. Is there no law to take such mgt. under the scanner for gender discrimination? Please advise as this issue needs to be addressed urgently.