Facing Pressure to Resign While Pregnant: What Are My Legal Options and Next Steps?

Hi, I have been working with the company for the last 10 months, and I am a confirmed employee. I have also received an increment in the current financial year. I am a pregnant lady, and my delivery is expected in the coming December. Now, my company is forcing me to resign, and they are not providing me with any specific reason. They said if I do not resign, they will terminate me.

Please guide me on what I can do in such a case. Should I take some legal action or not? What steps should I take? Please guide me.

Regards

Cannot force to resign without valid grounds. Even for termination, the employer is liable to give valid reasons. If not, their action can be questioned in a court of law.

Mine is the same case, the only difference is that I joined this company in April 2010. Is it possible that my employer will ask me to resign? As for the other lady, they asked me to fill the same vacancy in her place.

I am facing the same problem. I joined an insurance company in Sep-08. Now they are forcing me to resign, and this is verbal communication from my seniors; otherwise, they will terminate me.

Ya, Mr. Manmohan is right. They cannot force you to resign without any reason. Additionally, they can't force you to resign according to the maternity act.

Please let me know if you need further assistance.

Employer's Perspective on Pregnancy During Employment

From an employer's point of view, if an employee becomes pregnant during employment, there may be an inclination to increase work pressure to make the employee feel harassed and resign. No employer likes to pay a salary to someone who is pregnant and take care of their maternity needs.

What Can You Do?

Inform the company in writing that you do not wish to avail yourself of maternity benefits and would prefer to take leave due to health reasons. The employer will likely understand this approach, and it may prevent them from pressuring you to resign. Remember, organizational politics can be detrimental, and unexpected situations can arise at any time.

An employee may consider discussing legal action, but practically speaking, taking such action is often challenging. We are all aware of how the legal system operates in India. :)

Hi. An employer should never force an employee to resign or terminate them without valid grounds. Don't get intimidated. Seek legal advice so you can be guided properly. I wish you well and your baby.

Yes, it is true that an employer must present legal and valid grounds. However, practically speaking, if we look ahead, you can win on the legal aspects, but what about the relationship between the employee and the employer afterwards? If an organization demands resignation forcefully, they may not be a good employer for you in the future, even if they didn't terminate you. It's better to negotiate for time until you secure another good job.

Regards,
Gaurav Arora

Termination Rights and Procedures

An employer does not have the moral right to terminate an employee without a valid reason. If there is a reason, the process to terminate the employee is lengthy, involving the issuance of a show-cause notice, conducting a domestic enquiry, appointing an enquiry officer, preparing an enquiry report, and so on. Based on the enquiry report, the employer has the right to terminate the delinquent employee or choose to disregard the report.

Regards,
Volta Fashions Private Limited

I agree that no employer can terminate your service without valid reasons. Furthermore, the reasons should satisfy both you and legal authorities, especially if you decide to seek justice in court. If your employer is considering termination, do not resign voluntarily; instead, allow them to terminate your services. Review the reason provided in the termination letter and then consider taking action in a labor court or labor office.

Additionally, you recently joined the company 10 months ago and have received a salary increment. I advise against resigning and recommend letting the employer terminate your services. After that, you can strategize your next steps accordingly.

I trust it is based on the terms of employment to which you agreed. If you refuse to resign, they can give you sufficient notice and terminate according to the terms of the employment agreement. They shall give necessary retrenchment compensation.

There may be different legal options, but most of us don't go to labor courts, no?

I strongly agree with the following quote. Employers normally do this as they do not want to pay for the 3 months of maternity leave, and legally they would be bound to pay you. Remember, it is always in the company's benefit if an employee resigns themselves; hence, they are threatening to terminate you.

Legally, the case is on your side, but practically, you have a dead case. This is not to demoralize you but to make you aware of the practicality in this regard. It is not difficult for a company to show that you are not performing as expected and could terminate you by giving any number of reasons.

The Best Way to Negotiate

1. If you do not want to resign, tell them you do not want to be paid for the maternity leave and would just need pre-approved leave for the time.

2. If they do not agree, take some legal advice and negotiate with the company and leave.

In any case, do not submit your resignation with the condition that you want to be relieved with immediate effect and do not want to serve the notice period. Such companies would force you to resign immediately so that they need not pay you even for the notice period.

Remember, you and your baby are much more important than the job.

All the best. Take care!

From the Employer's Point of View

If an employee gets pregnant during employment, I will put more work pressure so that the employee gets harassed and resigns voluntarily. No employer likes to pay a salary for someone who is pregnant and take care of them.

What you can do is give the company in writing that you do not want maternity benefits from the company and would like to be on leave due to health reasons. The employer will definitely understand this, and they will not ask you to resign. Remember, organizational politics can be very detrimental, and it can happen at any moment.

An employee can talk about legal action but may not be able to take practical action. We all know how our Indian law works :)

Well, we have discussed the issue on two fronts. Firstly, an employer cannot force you to resign, especially when you are pregnant. We should handle it legally. Secondly, it is not easy for an employee to fight with the company in court and face the effects afterward. Both fronts are equally important, and I will give equal weight to both. Bending our knees against this forceful demand of the employer will let the same practice continue and will create a tough situation for every upcoming female employee. However, it is not easy for an individual employee to make it happen, as some of our members have already pointed out about the working of Indian Laws.

So, what could be the other feasible solution to this problem? I believe this issue should not be left unanswered, as it is a common issue in many organizations, and many female employees have to face it. I request my other team members/experts to provide a possible solution to this problem.

Regards,
Deepak Jain

The situation is common for many. Employers should not ask employees to resign, but they do. Employees find themselves in a position where they cannot do anything but agree to their demands. We can discuss at length whether this practice is appropriate or not. Many HR managers fail to consider employees' situations. They operate more like personnel managers and engage in such nonsensical behavior. Ultimately, they have the power to push back against line managers, but they choose not to, as they are driven by the desire to receive larger increments than others.

Understanding Termination and Legal Rights

It's true that an employer can't terminate an employee without any valid reason, but the company may easily find many reasons to terminate a person if they decide to do so. You should also review the terms and conditions you may have signed during your offer acceptance or any other document they had you sign at the time of appointment. There may be clauses that most companies add to avoid legal actions.

Better make a good deal with the company to avoid termination or resignation. Consult with your senior members or coworkers who have been working there for a long time. Sometimes they can give you good advice because they have encountered many cases like this in your company environment.

The last step is to contact legal counsel for taking legal action.

Thanks and Regards,
Dany
HR Executive
UCC, Kerala.

• Fellow CiteHR members have given you clear advice. Asking you to resign or terminating you are both illegal actions in your case. They have also advised you on the risks involved in confronting your employer on this issue, though the law is on your side.

• In case you are prepared to confront the employer, I will suggest an easy way to do it. Do not submit your resignation under pressure. Let the employer gather the courage to issue you a termination order if they are serious.

• Meanwhile, you can approach the local Labor Inspector's Office and file a formal complaint. You need to mention facts like your name, address, employer's name and address, date of joining, and date of confirmation. Clearly state in the complaint that the employer is forcing you to resign or is threatening termination because you are pregnant and they do not want to provide any maternity benefits and leave. Also, mention that there is no issue with your performance and you have been granted confirmation and an increment. Request their intervention to save your job and uphold the rule of law and women's dignity. You can attach your appointment letter, confirmation letter, increment letter, etc.

• Once your written complaint is registered with the Labor Inspector, your employer will receive a notice from the concerned labor inspector, asking for details and to appear before them on a given date. I am sure a single phone call from the labor inspector or a notice from their office will surely shake your employer, and your termination and resignation can be avoided.

• There are chances that the employer will not appreciate your actions and will always be on the lookout for some reason to falsely implicate you and punish you. It is better to be on the lookout for a better job.

• The employer will probably approach a labor consultant or lawyer to defend themselves, and then they will have to follow a legal path. They can prolong and delay the process by spending money, but I feel you can still give it a try.

Thanks & Regards

I am not in agreement with Job_connect_consultancy.

Reasons for Disagreement

1. If every employer has this mindset, then why do they recruit female employees in their organization?
2. It is optional if she agrees to take leave without the benefits of ESI.
3. Every company has good policies, but it depends on implementation.
4. According to Indian law, fighting for rights is only for those who have courage.
5. It is our fault that we are not confronting issues.
6. Laws are good, but our mentality is not strong. When will we rise up ourselves? (I also included)

Regards,
MM Yadav
[Email Removed For Privacy Reasons]

I really appreciate and do agree this is to be done. What vkokamthankar has posted is agreed, but in practice, how many employees go there and follow? How many employees know the local labor office address?

I am putting my assumptions. These can be facts too.

- Employees have not resigned.
- Employers immediately blame the employee for leaked company information or data theft and claim for damages.
- Employers can do it very easily as mail server access is always with the employer. The employer is not bound to prove it, saying these are critical and will be proved in court.
- An online complaint has been lodged against the employee with the local police.
- Even if the employee approaches the labor officer, if the labor officer has the habit of itching palms, he will support the employer only. Employers always have some relation with them; otherwise, business is not possible by honest means.
- Local police will avoid even registering the case unless it's a big issue. They are piled up with so many FIRs. They will say to give her the salary and finish the issue.

What can an employee do in such a case?

- Start using emails very carefully and use them as your weapon to fight with management.
- Do not share passwords and always send CC, BCC of mails and keep the senior in the loop. Tell your problem to the HR Head, even if based out of India, and never forget to send mails to the MD too, marking your personal email as BCC.
- Do not take responsibility for any work where financial or security-related problems (Hard Disk Format, Antivirus upgradation) risk factors are too much, and you can be blamed for it. Take prior approval on email even if the colleague is very close to you. When management blames, no colleague will come to protect.
- Stop communicating office-related issues with front-line executives and communicate directly to the person who has decision-making authority. Sometimes HRs are also involved in organizational politics (CiteHR HRs don’t get offended by this remark), so communicate only as much as is required for them to know. Don’t be emotional.
- If the management is pressuring you for resignation, start collecting all records that are favorable to you. If your work is appreciated, get the appreciation letter indirectly. Email is the best tool for that.
- Even if you need to leave the current job, you can collect the financial amount later on. The employer is bound to pay that but may say according to company policy will get after a certain period of time.
- Employees need to talk to the management and even by mistake threaten them for any acts that you can do from a legal point of view.
- Make verbal communication to the HR that you are mentally getting tortured and thinking of consulting legal action for harassment. Even by mistake, don’t put this over mails. Rest HR will only do as they are aware of what punishment they can get for mental harassment.

If you follow these simple steps, you'll easily be able to manage your personal and professional life.

[COLOR=Red]And I am also not denying the fact that Mr. Manmohan has posted. - Replied in red fonts

1. If every employer has this kind of mind, then why do they recruit a female employee in their organization?
There is a need, legal compulsion, and cost attached for all kinds of job positions. A female worker is normally found to work at a less salary than a male candidate. This attracts employers to hire female employees. Female employees do not oppose as much as male employees do, and moreover, they are more efficient than male employees in terms of productivity.

2. It is optional that she agrees to take leave without the benefits of ESI.
First is who makes company policy, employers only. If they can make, they can make changes also. What’s the harm in talking if this option works.

3. Every company has good policies, but it depends on implementation.
Yes, I agree, but how many follow.

4. For Indian Law --- Fight for Rights is only for those who have courage.
The latest judgment of the Bhopal Gas Tragedy is a good example.

5. This is only our fault that we are not facing.
Practically, a single person cannot make any changes due to the system. How long will someone fight? We all think about our kin & kin.

6. Laws are good, but our mentality is not strong.
Employees have come to earn bread, butter, and milk. How many do social work in reality?

Be happy. There is nothing to get tense about.

Employment Rights During Pregnancy

Your employer gives you a 3-month evaluation period, and if they don't feel satisfied with your performance, they have the right to ask you to resign or terminate your employment. As a pregnant woman, you have the right to file a case in court against them. They must provide sufficient reasons to compel you to resign or terminate your position. If your monthly performance reports are not satisfactory, they can use that as evidence. Do everything in your power to retain your job.

(Search on Cite | Search on Google)

Thank you.

I do not agree with this suggestion. When a female employee is entitled to maternity benefits under the ESI Scheme or the Maternity Benefit Act, why should she volunteer to forego the same just to please her employer and possibly protect her job? What the employer can do or cannot do is another matter.

Ideally, an employer cannot force an employee to resign. However, they have the option to terminate the services of an employee if they choose to do so. Summary termination has legal implications, and the employee may well go to court. But how many want to exercise this option? The main deterrent is the fact that if an employee takes an employer to court, they jeopardize their future employment prospects. Many employers take full advantage of such vulnerability of employees.

Regards,
Vasant Nair

Dear Madam,

Please review your appointment letter, the company's policies, and the clauses mentioned therein regarding the termination of employment. An employer can terminate your employment for two main reasons: non-performance or disciplinary issues/breach of the employment agreement. In the case of non-performance, they should provide you with at least two notices to improve your performance. However, for disciplinary reasons or breach of agreement, they can terminate your service immediately if there is valid evidence of wrongdoing.

If you believe the company is pressuring you to resign unjustly, you have the option to file a complaint with the Labor Department in your area. They will address the matter directly with the management. If the issue remains unresolved, you may seek assistance from the court.

Additionally, you are entitled to take 12 weeks of maternity leave with wages: 6 weeks before delivery and 6 weeks after delivery, in addition to any remaining leave balances you have.

Best regards.

Termination and Maternity Leave Rights

Please verify your appointment letter, the company's authority, and the clauses mentioned therein for ending the employment agreement. The employer can terminate your employment for two reasons: non-performance or breach of the employment agreement due to disciplinary grounds. For the first reason, they should serve a minimum of two notices for you to improve performance. For the second reason, they can immediately terminate your service if found guilty with valid evidence.

If you feel the company is forcing you to resign without any valid reason, you can submit your complaint to the Labour Department of your area, which will deal directly with the management. Even then, if the justification is not provided in your case, you can seek help from the Court of Law.

Secondly, you are also entitled to avail of 12 weeks of Maternity Leave with wages, 6 weeks before delivery and 6 weeks after delivery, in addition to your balance of leaves if any.

Best regards to all.

Yes! Here, Gaurav is right that any employee who works under an employer should have a mutual and congenial relationship. However, if the management asks you to resign, it shows their attitude towards the employee or employees.

Furthermore, even though the law persists for each and every event that occurs, in an ideal scenario, you need to take up a new opportunity and, in the meantime, continue your discussion (and not argument) with the management.

Regards,
R. Rathina Kumar

But she needs to check if she really falls under labour law. Employees after reaching a certain amount of package does not fall under labour law. I am not sure of the range...will surely let everyone know once I have the details with me.

Dear Labour Inspector and State Human/Women Rights Commission,

I am writing to bring to your attention the issue of harassment in an attempt to avoid the payment of maternity benefits. Denying maternity benefits is a very serious matter that needs to be addressed promptly. I trust that with your intervention, relief will be provided to those affected.

Thank you for your attention to this important matter.

Sincerely, [Your Name]

I think we are all so engrossed in our discussion that we have forgotten to ask the lady "anant_us2002in" if she was able to make a decision based on all these suggestions and ideas.

Dear anant_us2002in, please let us all know the plan of action you have finally reached.

Dear All,

I would like to share my views with all those who are working with private business organizations, whether small or MNCs. One can be asked at any time to resign by being told "your services are no longer required by the company." It's hard to believe or digest, but these situations exist and can happen in any private organization. If you ask for the reasons behind it, the office will very well explain 100 faults against you, whether you have been serving the company for 10 months or 10 years. There is no benefit in consulting legal practitioners if you are in a management cadre.

The only thing I advise is to trust in yourself and give your 100% performance while working in private organizations. It's a difficult situation when it happens to any individual. I have been with private organizations for the last three decades and am sharing my views with you.

Bottom Line

Life is like that; after dark, there is always sunshine. For example, ABRAHAM LINCOLN.

Regards,
Prabir

Many thanks to all of you. One of my colleagues was suffering from the same problem, but it has been solved after consultation and detailed discussion with higher management.

Regards

Understanding Management Relationships and Employee Rights

The answer to the question is the relationship you have with the management. If the relationship is good, then the management will give consideration, certain benefits, and also grant leave when the occasion arises. So, the above question does not arise at all. However, if the relationship is not good, then the above question arises.

In the instant case, there are two aspects:

1. Forced to resign - In this case, terminal benefits can be claimed, which is a decent way of parting with the management.

2. Termination - In this case, it is difficult to claim terminal benefits. The management will present a case in which the final claim is very difficult to obtain.

Regards,
S. Padmanabhan

Whether you are under ESI?
No. The management cannot force you to resign. You can sue. Please check the Maternity Act.

I have the same situation. My employer forced me to resign because they don't have any grounds to terminate me. They told me that if I do not resign, they will put a case on me so that I will be imprisoned. I am afraid, so I followed them. I signed all the necessary documents that they needed, including the resignation letter. They also sent a letter to the bank stating that I am no longer connected to them, so the bank now freezes my account. The issue is they deposited my last pay into that bank account, which I can't access now. I can't get my money, as the bank is asking for a termination letter to unfreeze the account. I have tried to ask for that letter from my employer, but they refused. Now, I don't know what I should do in order to access my money and return to my home country. Please advise; I am currently residing in Dubai. I don't know what else to do; my visa has already been cancelled, and I am staying here illegally since I no longer have a work permit. Everything I had here is lost - no more home, no more money - because I have been struggling with this problem for more than 30 days since I signed that resignation. I have not received any compensation from that company.

• What is your nationality?
• I think you should approach your country's consulate and seek the help of diplomats stationed in Dubai.

Employer's Perspective on Pregnancy During Employment

From an employer's point of view, if an employee becomes pregnant during employment, I might increase the work pressure so that the employee feels harassed and resigns herself. No employer likes to pay a salary to someone who is pregnant and take care of them.

What Can You Do?

Inform the company in writing that you do not wish to avail maternity benefits and would prefer to take leave for health reasons. The employer will likely understand this and not force you to resign. Remember, organizational politics can be very detrimental, and such situations can arise unexpectedly.

An employee may mention legal action but may not be able to take practical steps. We are all aware of how Indian law operates. :)

I agree with you on the same. This is a situation I have also faced; I had to resign and find a new job post-pregnancy.