Pregnant and Facing Job Transfer: Is It Fair and How Can Women Protect Themselves?

Hi Seniors, Women taking permissible leave during pregnancy were informed that they would be transferred to the contractor's role. The intention is very clear: the manager/management wants to get rid of a woman who is considered to be a liability during pregnancy. Is the management justified in their action? How can a woman defend herself when exposed to such a situation? Please advise.

Regards, JF

Dear HR Fabgear,

Welcome to CiteHR.com! Whether the employee has given notice to the employer under the Maternity Benefits Act 1961; in which case (during the pendency of maternity benefit) any action as cited by you would be illegal and render the employer punishable under the Act.

Warm regards.

Raj is right. Pregnant women are protected by the Maternity Benefit Act of 1961. During this period, the employer cannot do much but wait it out. If your management considers women a liability, I am truly sorry for such a company. Look for a better set of employers for the sake of your career. Otherwise, you might end up with a similar attitude in the future.

Transferring a woman to a contractor's role also cannot be done, as the company would have to terminate the services of the lady, which is against the law.

Regards,
Viraj

Employer Responsibility and Legal Clarity

Law is very clear. The principal employer has to take the responsibility, even if she is transferred to the contractor's role. I fully concur with Raj and Viraj Govekar.

Raj Kumar & Viraj are right. I also suggest you give very serious thought to Viraj's advice—look for other companies to work where:
1. Women are treated as an asset rather than a liability.
2. The brains within the company aren't used [or rather misused] to short-circuit the law as well as basic ethical practices just because such a step saves some money—meaning the inherent nature of the management seems to be money is EVERYTHING.

Regards,
TS

I would like to add a few points:

To transfer the lady from the Principal Employer's Roll to the Contractor's Roll, she needs to be removed from the Rolls of the Principal Employer. For that, either she will be forced to submit a resignation or she will be terminated.

I would suggest the lady not buckle under pressure and not submit her resignation.

To terminate her services, there have to be some grounds or misconduct, which is not the case. Hence, she should stand her ground firmly.

Dear All,

I faced such a situation where a female employee, who was already working on a contractor payroll, was relieved from her duties by stating that the project had ended. This occurred only when she requested maternity leave.