she has a case to fight and she does not have a case to fight,
Depends on people to people,
She can be rejected very easily and even SBI can recover the amount of Rs.100000/ from her, how
everything is possible using the loopholes in indian legal system.
I am not here to argue that pregnant womens should apply or not.
I will ask you some questions:
You are the employer / HR and for your company a position X is lying vacant as the person working in that position has resigned the job, so you need to fill the position X. And as already the company is going on tight schedules it is not possible to share the workload of position X to other members. So during interview as a HR your job profile demands that you should recruit a candidate who will be loyal and hardworking in the long run, this is for what you are being paid your salary and management will expect the same thing from you. Now during the selection process usually you will select some 5 candidates and need to finalize one for the position X. In that you find and offer one women the job with the condition that if found medically fit?
So when you come to know that during medical checkup that she is pregnant, you have to really think that whether is it really worth to recruit her when you know in the coming months she needs to take leave for delivery etc etc. Also since olden times its seen that all companies favor giving such benefits to long serving loyal employees and not to any employee who joined two months ago and goes pregnant in third month.
here it is not the question of giving maternity benefit ? Here the question is why knowingly will anyone hack his own leg with an axe. Because in future when the lady goes on medical leave she will get monetary benefits and company needs to engage another person for temporary period so that the person can do the work, or most companies just split the work to other colleagues, and increase their frustration as they need to stay late in office because this lady went on pregnant leave. After all we all are humans and we have emotions and life too.
Also in future after delivery she may have personal problems no one to take care of baby, further health issues, and may choose to remain housewife as per her family circumstances so in such cases the company loses heavy amount of money, and has gained nothing in this case.
So any HR person would choose not to recruit such persons in their company. And there are so many legal ways in which the company if they wish they can very sweetly pressurise the person to resign in one month, by making her work for long hours and mind it i know SBI now dont think SBI is some govt organisation i have seen the local sbi staff near my office working till late evening 08.00 pm, so the same will be applicable to this lady also.
TO all ladies,
What is your opinion on this, if knowing you are pregnant will you be ready to join a job and work as other employees do work????????????????????
You have to think from HR point of view so i would request answer from LADIES who are HR and WORKING IN HR and have DONE RECRUITMENT.
If you yourself are in such situation what will be your decision will you apply to companies just to take maternity benefit knowing you are pregnant or choose to sit at home and after delivery join a job after confirming that your child will be looked after well in day time. Because this is where pregnant mothers leave jobs, after delivery inlaws dont care then the mother has to leave job and company loses lots of money and time in this. Being corporate we have seen so many cases where employees working in company more than 5 years are literally thrown off / terminated just because they had accident / or were sick for 1-2 months and could not come to work. Is this greater than not allowing to join a pregnant women.
I would only request replies from sensible HR people who know for what company works and what decisions are to be taken and not from some lawyer who may just merely quote a law, because we need to be practical and practicality is, in india no law is made for practical scenarios if you strictly follow any law you cant do anything.