Layoffs and Pregnancy: Can You Challenge Your Employer in India?

Rules Regarding Layoff of Pregnant Employees

Are there any rules regarding the layoff of pregnant employees? Redknee India is a company that uses these kinds of reasons to save money. Can I take them to consumer court and claim a mandatory benefit like medical expenses that were supposed to be covered under the medical insurance?

Regards,

No, it is illegal to terminate the services of an employee just because she is pregnant. If you have Employee State Insurance (ESI) facility, you can avail it even if you are not employed with the company for up to 3 months after leaving. However, since the company is terminating you based on the reasons you have stated, you can approach the labor court for redressal. Hope this information is helpful.

This topic falls under employee benefits and compensation laws provided for employees. You should definitely take action against companies that engage in such unethical practices.

Regards

Dear Ms. Sonia Basson, if you could provide the following information regarding the employee and the employer, I may be able to suggest the future course of action:

1. Is the establishment covered by the ESI?
2. Is the employee covered by ESI or outside the purview of the ESI Act, as her salary/wage is more than Rs. 15,000?
3. What is the nature of work performed by the employee?
4. What is the length of service of the employee with the employer?
5. Was the "laying off" communicated orally or in writing?
6. What were the exact words used by the employer in the written order while "laying off" the employee?
7. How many employees are engaged/employed by the employer?

With regards,

Dear Khanda, yours is a case of resignation, though probably against your will. It is not a case of layoff. In the case of a layoff, the employer-employee relationship continues to exist. As your monthly salary is more than Rs. 15,000, you will not be covered by the provisions of the ESI Act. However, from the information furnished by you, it appears to me that you are covered by the provisions of the Maternity Benefit Act.

However, the date of resignation (though forced) and the date of delivery are also relevant for determining your eligibility to receive maternity benefits. For further action, please contact the Labour Inspector of the area in which the company is situated. Additionally, you can raise a dispute under the Industrial Disputes Act, Section 2A, and try to establish through evidence before the Labour Court that you were forced to resign because of the pregnancy. The raising of the dispute will not affect your rights under the Maternity Benefit Act.