Pregnant and Pressured: How Can I Fight for My Joining Bonus and Fair Treatment?

Hi,

I joined a company called NewtGlobal Consulting, LLC in Chennai on 22nd November. According to the offer letter, I should receive a joining bonus of 50k immediately after the first successful month in the company. I have asked them several times about the formalities required to receive the bonus, but they have not provided any information.

Suddenly, they informed me that they will not give me my joining bonus now. They are pressuring me to go on long leave as I am pregnant, and they have stated that they will give me the bonus once I return from my leave. Despite being fit to work, they are forcing me to take leave. They are not only withholding my joining bonus but also pressuring me in various ways to make me leave the organization voluntarily.

Although they want me to stay, they are not willing to pay me a salary, hence insisting on leave. The HR department is specifically targeting me with new rules, creating a miserable situation for me while not applying these rules to anyone else in the organization.

They are lacking basic courtesy towards my pregnancy and are subjecting me to a lot of distress.

I seek guidance on how to attain justice in this situation.

Hi, just relax. I really want to know what the company is all about and what designation/role you play. You mentioned that you are pregnant; was this conveyed to them at the time of the interview or before joining? I just need to know these details in order to provide you with appropriate feedback.

Thanks.

Hi,

This is a software consulting company. My designation is Information Specialist, basically into software development.

Coming to informing them: I got the offer in the 1st week of August. At that time, I was not pregnant. I joined them on 22nd November. I informed them after I joined the company. Before that, there were no discussions about this. They would have asked; then I would have told them.

Dear Tulasi,

You are protected under the Maternity Benefits Act, 1961, and hence the company cannot do much. You are entitled to 84 days of leave during your pregnancy.

If your company is considering you a liability, it's a company of losers. However, that's not the point here. You can file a complaint if necessary with the company, and in extreme cases with the Local Labour Office for mental harassment. There are strict laws for it and should take care of you.

I would suggest you write a formal letter to the management/CEO/Director of the company, bringing this to their notice. Also, please mention the terms and conditions of your employment that are not being followed and the amount not paid to you. Mention the mental harassment being done to you by the concerned department. Also, mark a cc to the local labor commissioner if necessary.

The Maternity Benefits Act protects you in many ways, and the employer cannot terminate you or forcibly make you resign.

Here is a link to the act, and I am also uploading a file.

All the best!!!!

And Congratulations

Medical Examination and Compliance with Maternity Benefit Act

Did you undergo a medical examination and submit the reports before joining? Many companies are including pregnancy tests in the medical tests to be carried out for female employees in order to avoid compliance with the Maternity Benefit Act.

Regards,
R. Ponraj

There is no medical checkup before joining the company. I don't have any written communication about this torture; they are doing it verbally. As you suggested, I will write an email to our VP and see how things will go. Thanks!!!

Hi Tulsi,

Many HR panels will not recruit a lady who is pregnant, especially for a critical assignment, because they are required to provide them with 12 weeks of paid leave. This amounts to around 60 days of unproductive time, which equates to at least 480 lost productive hours. I suggest speaking with your management regarding this issue and inquire about their decision.

Make it clear to them that you do not intend to go on leave starting next week, and assure them that you will be available via phone or online if needed, ready to support them in any critical situations. Have a conversation with the HR Head, and while they may not disclose the exact reason, it will be up to you to probe and extract the necessary information. Good luck!

They are telling me that we can't place you in a client's location as you are pregnant, so go on leave. That's it.

Moreover, I am concerned about the joining bonus. I informed them that even though I am fit to work and can go on leave as per your orders, please provide me with my joining bonus. They are not in a position to accept that.

Hello Tulasi,

I agree with Mahesh on the parameters that HR people think govern the hiring process, but please note that they are only thinking about the organization's interest in the way they look at it.

Frankly, I think you too did the same thing [thinking more about your interest than the organization's] when you decided "They would have asked, then I would have told them" about your pregnancy. It's NOT a 'right' or 'wrong' issue. If you had informed them the moment your pregnancy got confirmed even before joining, don't you think you could have saved yourself all this trouble? Going by the way you used your words in this posting, I think your focus was more on the Signing Bonus than to ensure a WIN-WIN situation—where you gain and the organization also gains.

While I agree with Viraj, the HR may have judged that you hid the fact WILLFULLY—even though it may not be true. So I am not sure if going the legal way is the option you need to pursue—not that it's not the right one, but whether it's suited to your situation is for you to decide. The primary aspect in such a course of action would be the associated stress—it's up to you to decide if you can take it.

I can see only one way you can handle this with some semblance of peace of mind—especially at this important point in your life. You can go on leave here and then try for other openings—if you get them, you can send in your formal resignation here. If you can't, you will at least have something in hand when you are ready to work after your delivery.

Regards,

TS

Dear TS,

I agree with your suggestions. They have provided more insights into this issue than necessary.

Tulsi,

To add on, a Joining Bonus, signing bonus, or sign-on bonus is a sum of money paid to a new employee by a company as an incentive to join. This may be governed by a Joining Bonus Agreement or a similar clause in the offer letter regarding the repayment of the amount if the employee decides to leave the company within a specified period.

Let's analyze this issue from the company's perspective. In order to attract candidates, they offered a joining bonus. However, upon joining, the new employee reveals that she is pregnant, which will result in additional, unbudgeted, and unexpected costs for the company. I don't see any blame on the company or the candidate regarding the pregnancy disclosure, as she was not pregnant at the time of the offer and there were no medical tests conducted before the joining date.

The company is obligated to pay the bonus as committed in the offer letter, and any non-payment can be legally challenged, provided the employee fulfills their commitments.

Regarding maternity leave, you are bound by the Maternity Benefits Act 1961, as explained by Mr. Viraj.

Informing higher management may be a good option, but there is a concern that HR's attitude may reflect that of the top management, leading to potential harassment.

Personally, during pregnancy, it's crucial for women to reduce stress and worries, focusing on happiness and relaxation for the well-being of both the mother and the baby. I suggest considering taking leave, prioritizing health over the bonus, and if the company's attitude does not change, seeking other opportunities.

Regards,
Sriram