Sir,
I am working as Sr Manager HR in a Education solution provider company who trade Audio Video equipment's from usa, Taiwan and use the same in projects of education solution in school, colleges .
The company is only 2 and half years old and in developing phase with slow growth rate and we come under Delhi shop and establishment Act.
The co. had appointed an operation manager in Oct 2012 who is a women. During her joining it was clearly asked her if she has any family expansion planning as the organisation is new and would be affected if she discontinues her work I a short duration, which she has denied that time. In oct she had worked only for 7 days and formally joined in Nov 2012.
In Jan 2013 she got pregnant and also due to her health issues (She is bronchitis Patient) she was not able to focus on her work and deliver the desired result for which her appointment was made. Moreover in March which is most crucial month for target completion she has gone on 9 days leave and after coming back again took 2 days leave further. Management was not happy with her attitude towards work negligence. When her performance was discussed with her in person she reacted unprofessionally and called her 7 family members who came and threatened our Director to let her continue working moreover they tried to put false blame that because of her pregnancy management is trying to sack her. But the fact is she never formally informed till March 2013 about her pregnancy and it came to light only when she fainted in office premises 2 - 3 times in March last week.
We issued her KRA with specific jobs to be done which she accepted but didn't tried to achieve the same.
Moreover she tried to confront with her seniors whenever any work is demanded. Finally Management decided and we gave her notice on 31st May. She asked the salary and notice pay in cash which we didnt accepted and finally she took the cheque for the same on 5th June 2013. After clearing of cheque her husband came to claim maternity benefit and threatened to go to Labour commissioner. They had then complained the same in Dy Lab Commissioner office complaining of mental harassment at workplace and also she claimed Maternity Benefits and job restoration as well. We received the notice and now we are replying the same.
As per the Maternity Benefit Act An women employee can claim her employer Maternity Benefits if she has worked for min 80 days but my doubt is whether the period of 80 days even count the period when she was already pregnant or before pregnancy. Moreover is it illegal to terminate the services of an women employee if she is not performing just because she is pregnant. I mean pregnancy should not be used as shield to protect you job if one is not performing. What are our rights to fight this case.
Please advice me. I myself is also a women but I feel that motherhood should not be misused when we are talking of equality in gender and feel that women is not less than men in any terms. Moreover after accepting the Notice period salary how can any employee claim for job restoration and other benefits.
Please guide me the right way to handle this case and clear my doubt about Maternity Act implementation
I am working as Sr Manager HR in a Education solution provider company who trade Audio Video equipment's from usa, Taiwan and use the same in projects of education solution in school, colleges .
The company is only 2 and half years old and in developing phase with slow growth rate and we come under Delhi shop and establishment Act.
The co. had appointed an operation manager in Oct 2012 who is a women. During her joining it was clearly asked her if she has any family expansion planning as the organisation is new and would be affected if she discontinues her work I a short duration, which she has denied that time. In oct she had worked only for 7 days and formally joined in Nov 2012.
In Jan 2013 she got pregnant and also due to her health issues (She is bronchitis Patient) she was not able to focus on her work and deliver the desired result for which her appointment was made. Moreover in March which is most crucial month for target completion she has gone on 9 days leave and after coming back again took 2 days leave further. Management was not happy with her attitude towards work negligence. When her performance was discussed with her in person she reacted unprofessionally and called her 7 family members who came and threatened our Director to let her continue working moreover they tried to put false blame that because of her pregnancy management is trying to sack her. But the fact is she never formally informed till March 2013 about her pregnancy and it came to light only when she fainted in office premises 2 - 3 times in March last week.
We issued her KRA with specific jobs to be done which she accepted but didn't tried to achieve the same.
Moreover she tried to confront with her seniors whenever any work is demanded. Finally Management decided and we gave her notice on 31st May. She asked the salary and notice pay in cash which we didnt accepted and finally she took the cheque for the same on 5th June 2013. After clearing of cheque her husband came to claim maternity benefit and threatened to go to Labour commissioner. They had then complained the same in Dy Lab Commissioner office complaining of mental harassment at workplace and also she claimed Maternity Benefits and job restoration as well. We received the notice and now we are replying the same.
As per the Maternity Benefit Act An women employee can claim her employer Maternity Benefits if she has worked for min 80 days but my doubt is whether the period of 80 days even count the period when she was already pregnant or before pregnancy. Moreover is it illegal to terminate the services of an women employee if she is not performing just because she is pregnant. I mean pregnancy should not be used as shield to protect you job if one is not performing. What are our rights to fight this case.
Please advice me. I myself is also a women but I feel that motherhood should not be misused when we are talking of equality in gender and feel that women is not less than men in any terms. Moreover after accepting the Notice period salary how can any employee claim for job restoration and other benefits.
Please guide me the right way to handle this case and clear my doubt about Maternity Act implementation