Fired suddenly and denied of maternity benefits - founder directly asked me to resign because they didn't like my personality

Dear Seniors,

I was working in an IT services firm of 100+ employees in Noida until this Friday. It all started in June 2020 when I stood up for the right thing to the founders of my company (an IT services firm with 100+ employees) and the restoration of the HR department's respect. One of the founders used the word "Vindictive" for the HR department, and since I was the head of HR, I had to stand up against the usage of such words. I supported my case with evidence that this word was wrongly used for us, leading to unrest and a loss of faith in me and my team.

Since the founders are highly autocratic, they did not take my raising of voice in good spirits and started creating a hostile environment for me:

First, the founder directly asked me to resign because they didn't like my personality and behavior (which, by the way, was always very professional and polite towards them).

When I refused to resign and expressed my willingness to work out a solution six times, they demoted me, changed my role, stripped me of all my power and authority as a department head, removed all my reports, made me report to a peer, excluded me from leadership meetings and decisions, and assigned me tasks of a more junior level, all under the guise of 'Organizational Restructuring', though the real agenda was to force me to resign.

This treatment persisted for a good four months in their attempt to humiliate me to the extent that I would resign voluntarily.

When their plan did not succeed, they finally announced that they were firing me last Friday. Now, the issue is that I am pregnant and due in December. When I informally shared news of my pregnancy with my reporting manager towards the end of my second trimester (after all the above incidents had occurred), she informed the company's management, who then unjustly created unnecessary performance problems for me over a month or so to dismiss me just days before I intended to formally request my maternity leave, thus avoiding paying me maternity benefits. They are now refusing to provide me with maternity benefits, citing my termination.

PS: I had formally submitted a request for maternity leave on the day they informed me of my termination! In this situation, I am unable to seek alternative employment and am facing a significant financial setback. This situation is causing immense mental and physical stress during my pregnancy and may harm my unborn child.

I kindly request your assistance in this matter. The founder of the company resides in Canada and is involved in this decision as he instructed them to take this course of action. He is the ultimate decision-maker in the company.

I humbly seek your help, opinion, or advice in securing my rights as per the laws of the land. I would be deeply grateful for any support you can provide. Please let me know if you require any further details regarding my case; I would be happy to share.

Thank you.

Dear Anikta,

It is unfortunate to note what has happened to you. Alas, you could have approached this forum a little earlier.

You were the HR Head of the company. Therefore, a few employees from the HR Department must have reported to you. Consequently, provisions of the I.D. Act, 1947 do not apply to you. Notwithstanding the non-applicability of the said act to you, I recommend you approach the Labour Officer of your area. Though officially he is not supposed to take up your case, he/she might take it up. File a complaint there and let us see what happens.

If the labor office does not give the desired response, then you may approach the National Council for Women (NCW) of your area. But then their interest lies in handling sensitive cases like physical assault, harassment, etc., and it remains to be seen whether they will be interested in your case.

The last resort is to file a suit against your employer. However, as you know, civil cases drag on for years together, and it could take anything from 10 to 20 years to get a verdict.

Thanks,

Dinesh Divekar

Thanks for your response. Does this mean that in India, a female employee being deprived of the fundamental right of maternity cannot get lawful relief and justice?

Dear Ankita,

It is not just the rights related to maternity benefits, but the fundamental rights related to the employees that are not just violated but trampled upon day in and day out. This has been happening since 1947 and will continue to happen.

In India, "labour laws" are a plain misnomer. If the government starts calling it "employer laws," it would be better. Despite the existence of mechanisms for the violation of laws, they are too feeble or insignificant.

Recently, the labour code was launched with much fanfare, but there is nothing there for the protection of the labourers' rights as such.

Let us not forget that employees of Kingfisher Airlines have not been paid their salaries since 2011. Do you think that a new Vijay Mallya will not run away, leaving his employees high and dry? Certainly, it will happen.

Human rights in India are a big joke. Nevertheless, this joke brings tears to the eyes of the poor. The rich get away with it easily!

Thanks,

Dinesh Divekar

Dear Ankita,

Although your termination as Head of HR appears too sudden, as per the contents of the post, the process had started four months ago. So, you must be aware of the game plan of your termination/resignation.

During this time, if you were pregnant, you should have sent an intimation regarding the same with a doctor's certificate and also your likely date of proceeding on Maternity leave as per the Maternity Benefit Act. If you had ensured this, you would have safeguarded your services. Even if the management terminated your services thereafter, it would be a clear breach of the provisions of the MB Act, and you would have had legal remedy available to you. Submitting maternity leave on the date of termination is cutting it too fine and may not hold water.

You have lost a golden opportunity. Since you are in the managerial category of employees, you have no remedy available under any labor laws.

You can file a civil suit for your termination, which has culminated after long harassment and mental torture to you and ask for damages. Also, knock on the doors of the Local Women's Council for the injustice and callous treatment meted out to you when you are about to start your motherhood.

Regards,

Vinayak Nagarkar HR and Employee Relations Consultant

Dear Ankita,
Though our learned senior member Mr Dinesh has provided very practical and realistic solution. I would like to add some important points:-
1. Any problem can't be bigger than a peaceful life. I understand what happened with you was of worse category, but the pregnancy phase for a woman is all the more important for herself and the family as well. Pls be noted such fight is not a single day decision. Moreover, the coming period will be more difficult for you. It could take time, multiple visits in Labour/Civil Court, lot of expenditure, and lost of mental peace also. So don't get panic, keep calm and take your decision keeping in view all aspects.
2. First take your family consent as well about the same. If all agree and give consent than choose the appropriate way. I will suggest to create some pressure through Labour Court. But if matter prolonged than you have to take call whether to file suit in civil court. As per my opinion your case is very strong and you can win the case. But it may be little / more difficult as well.
3. Pls clarify whether the company has issued any termination letter / email to you or not. Pls don't accept any such letter. If sent thru email, give appropriate reply with justified reason/s. I think company can't terminate employee (such higher cadre) without any due justified reason. If they don't allow you in the premises than write email to the management.
4. Pls confirm whether your office is located in Delhi. I usually go to various Labour Offices in Delhi for my company compliance matters. Though I don’t have any strong link, but I can ask them whether and at what level your case can be taken up.
5. First go through all aspects and If you agree to the labour court option. Than do let me know your office area.

Adding to the expert members' views and comments mentioned hereinabove, I would also like to contribute in your case that, whatever the communications by way of letters or emails sent by the company to you and your replies - copies may be kept by you for future course of action - in case you decide to challenge your termination in the Court of Law. As learned members have promised to help you, you may please go ahead.

Hi,

Sincere thanks to the experts who have opined on this matter. Really appreciate it, and more opinions are most welcome!

To clarify a few points here:

1. The company has an office in Noida, but their registration falls in Delhi.

2. They have only sent an email stating that "my services have been discontinued with immediate effect" without mentioning any reasons in it.

3. Since they blocked all my official accesses immediately after the video call, all the communication is happening to and from my personal email id; hence, I have all the copies.

4. To reiterate, I was being forced to accept low ratings and be reflected as a poor performer (only for a month) to avoid the burden of maternity benefit. My RM informally knew about the pregnancy because earlier she used to be my friend at work and later was made my Reporting Manager.

There has been no PIP/Warning for termination even if the performance was so-called poor!

Regards

Dear Ankita,

As I have already explained there are +/- points of every decision, before adding further I would again like to mention / remind some important points:-

1. Fighting for your rights/justice is good decision, but your case could be little hard. So think once again and take family consent. If all agree than go ahead, but you should be mentally prepared and make sure the circumstances / proceedings should not command over your mental peace and family atmosphere.



2. You have just faced the critical situation which influencing you to do so. I will advise if money is not a big problem for you and with your family earnings you can survive and afford your pregnancy than choose mental peace for you and your family. Coz I have seen in many cases when decision taken in hurry later it is difficult to come back.

3. In future this could be troublesome for you finding new job in other company. Coz generally management don’t recruit personnel who had such case history.

4. What is Company Delhi Registered address. There are separate area wise Divisional Labour Offices.

5. If matter not resolved thru mails / Labour office and you decide to file case thru any advocate, than you should be ready to bear advocate fees and other exp for a unknown period. Bcoz initially advocate promise to close the case in 2-3 hearing, but later it can take more time. Moreover, the management will also fight to their best.

Based on information, I would like share the below:-

In response to the firing mail, you should reply them this is not fair practice and not acceptable to you. You should add few more points:-

a) First of all check in r/o Termination/Resignation what clauses are mentioned in your Appointment Letter. If the company has not followed the clauses, than it is totally agst the Law. Mention this point in reply mail.

b) You have been working in higher post and despite your hard work management demoted you. This causes lost of mental peace and harassment.

c) The poor performance must be given after demoting you, what about your previous performance reviews. Since you were at higher level, so there must be some high rating given to you in your past appraisals. Gather information / documents and consider all this in reply mail.

d) Pls review once again each and every point of documents / mails available with you. Choose some important points and include in the mail. Moreover, if you file case thru any advocate than such information / docs play vital roles.

e) Accepting low rating can’t lead to dismissal. Coz you were agreed to work on revised terms.

f) Company has not followed “Natural Justice & its Principles”. Mention this point also in mail.

g). Last but most important you can add that you have verbally informed about the pregnancy to your RM. Hence dismissal of a pregnant women is violation of law under MB Act, 1961. If you have any test report or doctor prescription prior to your termination than mention the same in your mail.

In the last you can mention if the management will not compensate your rights and entitlements than you will legally challenge the same upto the highest level.

I am not any advocate/consultant, on basis of case study, all these are my personal opinions and suggestions.

Senior members can give more suggestions & ideas. There are number of advocate/consultant available in the Forum, you can contact/hire their services.

Any labor law lawyers in Noida/Delhi NCR having good experience with labor law violation cases against companies, please contact urgently at ankita.khare23@gmail.com.

There is no recourse left but to file a legal suit against my employer.

I have seen an article which appeared in "The Times of India" dated Thursday, 29th October, Bangalore edition titled "Maternity Leave: No Ground for Dismissal." The Supreme Court bench observed that "Maternity leave cannot be a ground for termination of services." Having a child is not a reflection on a woman's professional ability, whether she is in the Army/Navy, Judiciary, teaching, or bureaucracy. We will not allow termination on this ground.