Terminated During Pregnancy: Can I Still Claim My Promised Termination Pay?

Dear All,

I was terminated from my job when I was in my eighth month of pregnancy and was given a termination letter in which the company promised to pay three months of basic salary alone. I sent a letter to my HR claiming my maternity benefit. The company has settled my maternity benefit (for 84 days) but has not given me the three months of basic salary that they had promised in the termination letter. I would like to know if I can still ask for the termination pay, which they had promised to give in my termination letter. The company had been totally unfair to me throughout, from when I informed them about my pregnancy and was put through a lot of mental stress. They only settled my maternity benefit after I asked for it, to avoid any legal complications. Please guide me on this.

Thanks and Regards

Dear Ramyamurthy,

According to section 12(1) of The M B Act, 1961, 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 or to give notice of discharge or dismissal on a day that the notice will expire during such absence. The notice of termination was given to you in the eighth month of pregnancy, which was going to expire during your absence, i.e., within 84 days of the maternity leave period. If this is the case, then you can approach the Labour Office of your area regarding this notice and termination. If you do not want this remedy, please review the terms and conditions of your appointment letter for non-payment of legal dues. If you were working in a supervisory, managerial, or administrative capacity, then take action according to your appointment letter. In this case, you should approach the civil court, or alternatively, you can approach the labor office for non-payment of your legal dues.

Submitted as per your request.

Regards,

R.N. Khola

(Haryana)