Facing Early Contract Termination Before Maternity Leave: What Can I Do?

I have been working at my company for the past 7 months as a contract employee. My EDD date is approaching soon, and I sent a maternity leave application email to the HR department a week ago. However, I have not received any response to date. They have now decided to shorten my contract period, ending it before my EDD date. I would appreciate any suggestions on what actions I can take against them.

Action not in order. What was the original contractual period? Put up a written representation to the company quoting the period as per the contract and ask them to review the curtailment of the contract period when you informed them of the EDD. If no action is taken, approach the labor commissioner of the area with full details.

Just share with them the contract end date that you have in your company. Then email the HR department or visit the HR office or Head of HR. If they still deny, escalate the issue to the Labor Office (LO). They will be able to assist you.

Hi Nathrao,

My actual contract period was from the Start Date: 19.07.2017 to the End Date: 31.05.2018. I am requesting maternity leave starting on the 10th of April 2018. They are planning to release me from the project on the 9th of April 2018. Please suggest what further action I can take against them.

Respected Madam,

Kindly read my reply fully. I have given suggestions for a line of action. Take advice from a lawyer and proceed. The actions of the company appear to be in violation of the law.

Employee Maternity Leave and Contract Extension

An employee has been working with a BIG MNC firm as a third-party full-time contract employee for two years. The BIG MNC is the principal employer, and there is a third-party manpower company as the employer. The employee joined on 7th March 2016 and received a significant increment in March 2017 (from 26,000 to 35,000 INR per month), indicating her above-average performance. The project she is working on is a flagship HR initiative by the BIG MNC, suggesting its longevity despite changes in management.

In January 2018, the employee informed her manager about her pregnancy, expressing her willingness to work until her ninth month and return post-maternity leave. Following this disclosure, the manager began neglecting her. After a two-week wait for a response, the employee received text messages stating, "What about the Mat leave? I didn't get you. I will extend your contract till April 15th, considering the larger deliverables." The extension implies her contract now ends on 6th March 2018.

Since there was no mention of contract non-extension before the pregnancy disclosure, it appears the employer wants the employee to leave to avoid additional salary costs. Notably, on-payroll managers earn an average salary of 3 to 4 lacs per month.

Questions:

1) Does the employee have a legal claim to contract extension, maternity benefits, and uninterrupted employment?
2) If legally valid, what steps should the employee take to assert her position clearly to the manager and avoid job loss due to discrimination?

Please suggest unconventional strategies to safeguard the employee's rights without risking her job.

Thank you.

What was the original duration of the contract? What were the terms and conditions for extension/termination of the contract?

Q1) Whether she has the right to an extension of the contract depends on the wordings and terms of the contract. So if information regarding the first two queries is provided, somebody will be able to guide you further in the forum.

All private companies operate based on minimizing expenditure to the maximum and they are attempting to do so in this case.

Once the terms of the contract are changed, the contract is considered to be null and void. So, there are two options in this case.

1) She can approach the local Labour Commissioner and place her petition for immediate resolution.
2) She has to file an application with the State Women Commission of her region as this involves the dignity of women and sanctity of life. They will guide her to resolve this issue quickly.