Is It Legal for a Company to Ask a Pregnant Employee to Resign Over Performance? Seeking Advice

Hi, My wife worked for a company in Bangalore for one year, from April 2022 to April 2023. In December 2022, she became pregnant. In March, when she checked with HR about her maternity benefits, she was advised that there are no maternity benefits from the company (and the company did not offer any medical insurance either). In April 2023, she was asked to initiate her resignation due to lack of performance, and the company paid her for April and May. When she inquired about it, she was informed that the revenue generated from her was low, and therefore it was an 'organizational decision'. We did not pursue it legally as she was five months pregnant when she left. Is it legal for a company to do this, and can we take it up with the labor department in Bangalore? Any advice from experts would be greatly appreciated.

Hi, "In April 2022 she was asked to initiate her resignation due..." I hope this should be April 2023.

She is very much eligible for maternity benefits. You could have challenged the decision of the employer by April 2023 itself.

"In April 2022 she was asked to initiate her resignation due to lack of performance and the company paid her for April and May." The employer played a safe game. As per your statement, your spouse was asked to initiate her resignation by the employer. The employer didn't terminate her for low performance or low revenue generated, knowing the future legal litigation.

Now, even if you pursue legally, the employer will safely claim that your spouse had resigned of her own choice and not out of compulsion. Do you have any written communication from the employer asking her to resign? In the absence of any documentary evidence, there is no point in pursuing this case legally. This is my suggestion. You may await the opinions of other members too.

If the employer had issued a termination letter, then that might stand as strong proof for claiming maternity benefits now.

Thank you for your submission. I regret the typo. She was asked to resign in April 2023. Additionally, she does have a written email mentioning that she was asked to resign forcefully.