Pregnant and Pressured to Resign: Can I Fight Back Under Maternity Benefit Law?

I work in one of the big startups in Bangalore, and I am four months pregnant. I have been asked by my employer to submit my resignation. They told me that my position doesn’t exist in the company anymore. They literally pressured me all day in a conference room to resign. I am resisting resigning. I have not committed any misconduct, nor have they informed me about any performance-related issues. My manager says that this is not related to performance but is happening due to cost-cutting. I had informed my manager orally about my pregnancy last month.

Can a company fire a pregnant lady under the new Maternity Benefit law?

My question is: Can a company fire a pregnant woman under the new Maternity Benefit law if there is no misconduct or performance issue? And can I challenge it in labor court?

Thanks,
Anonymous Lady

What has happened to you is unfortunate. Instead of informing your employers orally, you could have officially notified them about your pregnancy after the first trimester with a valid medical certificate. Since when have you been working in the current company? We need to know this to assess your eligibility to avail maternity leave.

Have you resigned from your post? Whether you have resigned or not, approach the Labour Office in your area. Submit a written complaint about being pressured to resign due to your pregnancy. The Labour Officer (LO) will guide you. There is no need to approach any lawyer as the matter could be handled at the level of the LO itself.

All the best!

Dinesh Divekar

Hi Dinesh, I have not resigned yet, nor have they terminated me. They have given me time until Monday. Can I send an email regarding my pregnancy with all medical certificates today?

Maternity Benefit Law and Termination

I have been working since 8th Feb 2016. I have one more question: According to the 1961 Maternity Benefit Law, "(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both."

Are they entitled to provide me maternity benefits if they terminate me? I will be visiting the Labor office soon.

Thanks, Anonymous Lady

Understanding the Maternity Benefit Act

Good to note that you have apprised yourself of the Maternity Benefit Act. However, what you have referred to is the old act, and a new act came into effect on 28-03-2017. Since you have been working in the company since February 2016, you are eligible for maternity leave.

Termination Grounds and Procedures

Regarding your termination, there must be sufficient grounds for the termination. Termination can be due to misconduct or poor performance. In either case, your employer needs to conduct a domestic enquiry and maintain the principle of natural justice. Since no enquiry has been conducted, they cannot terminate you.

Next Steps

As mentioned in the previous post, please approach the labor office in your area immediately. In the meanwhile, you may officially inform your employer about your pregnancy. Send an email but submit a hard copy as soon as possible, and obtain the signature of HR or any other authority confirming the receipt of your application.

Thanks,

Dinesh Divekar

Thanks, Dinesh, for the suggestion. I have sent my medical reports to the company HR, and they have acknowledged the mail. I will talk to them on Monday before taking any action.

Srinath - I am a confirmed employee and have been with the company for more than 1 year. My designation is Team Lead (below the managerial level), and my yearly CTC is in 7 figures, with my gross annual salary in 6 figures.

You cannot approach the Labour Court by virtue of your position (Team leader) and present salary drawn. Furthermore, you are in the 4th month of pregnancy; consequently, the question of extending the Maternity Benefit Act also does not arise. You are eligible for notice pay as per the terms of appointment mutually agreed and accepted. Nothing prevents the employer from terminating your service as per the termination clause of the appointment.

Dear HR Member,

If the management fires you, terminates you, or accepts your resignation against your will, then please submit your issue on the Prime Minister app. Upload your proof of pregnancy along with the termination/resignation letter. The Prime Minister will review it. You also have the option to record your appeal to the Prime Minister and upload the recording. However, this course of action should be considered a last resort.

Regards,
Surender Kumar
GM HR

Maternity Benefits and Legal Rights

I beg to disagree with Mr. Shrinath. Since you have completed one year of service, you are entitled to maternity benefits irrespective of your status and salary. That doesn't bar you. Please inform the company immediately about your pregnancy with a certificate and your need for maternity leave at an appropriate time. The company is legally obligated to grant you maternity leave and medical benefits and is prohibited by law from terminating you during the pregnancy or maternity leave. Rest assured. However, please ensure all communications are in writing rather than verbal.

Also, under no circumstances should you resign. The company would not dare to terminate you, and if it does, it would blatantly violate the Maternity Benefits Act, and you would have a strong legal remedy.

Regards,

V.L. Nagarkar
HR Consultant