Can My Employer Terminate Me While I'm Pregnant? Seeking Advice on Rights and Benefits

Hello,

I am working with Dow Chemicals (India) as a permanent employee and completed one year in the month of October 07. Currently, I am 6 months pregnant, and due to some changes in company business norms, the company's HR is asking me to resign as my current job role is coming to an end. I wanted to know, can the company terminate my services at this point of pregnancy, and what clause can I raise to avail the benefits at this time?

Mitha
Mumbai, India

Hi,

Please confirm if you have received any confirmation letter. Also, you can sit across and ask your HR why they are asking you to resign. Mitha, at this stage, you need not worry. Your health and your baby's health are of utmost importance. Please take care.

Fayeg

Hi Mitha,

Going through your query, I understand that the company has asked you to resign because of role redundancy and not because you are pregnant. You need to check with the management the following:

1. Can you be retrained/reskilled for any other suitable role? - until the time you go on maternity leave.
2. If the answer is no for point #1, you need to ask for layoff/termination compensation from the management. Normally, your appointment letter would carry all the details.

Thanks, and the above is based on the presumption that role redundancy is independent of individual-based issues (pregnancy, ill health, marriage, etc).

Giridhar

Dear

You cannot be asked to resign. Resist it .

Pls find the following inputs on Maternity Act :

As per the Maternity Benefit Act 1961 every women

shall be entitled to and her Employer shall be liable

for the payment of Maternity Benefit at the rate of

the average daily wage for the period of her actual

absence that is to say the period immediately

preceding the day of her delivery, the actual day of

delivery and any period immediately following that

day.

The maximum period for which any women shall be

entitled to maternity benefit shall be twelve weeks of

which not more than six weeks shall precede the date

of her expected delivery.

The average daily wage means the average of the Woman

wages payable to her for the days on which she has

worked during the period of three Calendar months

immediately preceding the date from which she absents

herself on account of maternity.

The qualifying period is provided in the Act that no

woman shall be entitled to Maternity Benefit unless

she has worked in an establishment of the Employer for

a specified period preceding the date of her expected

delivery.

In view of this you can write to your Company or tell your reporting officer that the first thing is for you to go through the delivery process and not to put you under mental strain.If they persist you can make as Complaint to the Designated Govt Official under the Maternity Act.

with kind regards,

V.Sounder Rajan

Chennai – 600 001.

Off : 044-42620864, 044-65874684

,

Dear Mitha,

On legal grounds, you cannot do anything as nowhere in the law is it written that a pregnant employee cannot resign. Your right for leave will arise only after 7 and 1/2 months of pregnancy. Request your boss for a change in profile if possible or ask him, on compassionate grounds, that you will resign after delivery. I feel sorry to say that at the current stage, there is no law that can protect you. At best, try to continue in the office until 7 1/2 months of pregnancy and take maternity leave. Once you are on leave, your services cannot be terminated as per the Factories Act. My suggestion will be that you don't think about your job right now. Just try to be as normal as possible, as a turmoil state of mind will affect the health of your baby. It's a difficult stage, but you only have to cope with it.

Regards, Nilendra

Dear Mitha,

Firstly, congratulations and all the best for your baby.

Secondly, I don't think your company is asking you to resign because of your pregnancy because they have clearly stated that it's because your role is going to end. So, like Nilendra said, you cannot fight it legally. Even in the excerpt that Ranjan has given, nowhere does it state that a pregnant woman cannot be asked to resign.

You can ask for termination pay as per your offer letter terms and conditions, or you can ask your company for re-training or skill upgrading, etc.

Thirdly, just relax and enjoy your motherhood. You can return to work again in another company whenever you want. I'm sure you are competent enough to find a job easily.

Dear
As per the previous post prolong by more than one and half months and then complete your Maternity process . Are they doing this not to pay you Maternity Benefit .
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,

Hi,

Legally, you can't be asked to resign as it would be in violation of the labor laws applicable in India. However, on the face of it, as you mentioned, it seems that because of the change in business, you are being asked to resign, but it may just be a cover-up for voluntary termination. You need to discuss this with your boss/HR and straighten things out.

My advice to you would be that even if you are asked to resign, please don't worry as it could harm your baby. Take it easy, but make sure to sort it out.

Daleep