Pregnant and Facing a PIP: Can My Company Terminate Me on False Performance Grounds?

Hello, I joined a company on the 5th of February 2024 as a Sales Executive. After that, I experienced health problems, and after 15-20 days, we found out that I am 3.5 months pregnant. I am 34 years old and have PCOD, which caused irregular cycles, making it common to miss my periods. Upon learning about my pregnancy, I promptly informed my Manager, Sales Director, and HR informally. On the 8th of March 2024, HR informed me that they would transfer my employment from Probation to Contractual, making me ineligible for Maternity Benefits or Medical Bonus. I agreed to this as my priority was maintaining my job, not the benefits.

The contract did not specify an end date, and HR mentioned I could work until I wished or until my Expected Due Date (EDD), and leave when ready. On the 19th of April 2024, I casually inquired with my manager about the possibility of working from home (WFH), but it was against company policy. I accepted this and committed to commuting for work.

However, on the 30th of April 2024 at 5:30 pm, HR informed me of a shift to WFH with a reduction of my fixed salary to zero, moving me to a commission-based role. I declined this change and went to the office as usual. Nevertheless, my Director instructed me to leave, citing poor performance. Later that evening, I received an email stating I would be allowed to WFH but placed on a Performance Improvement Plan (PIP) due to insufficient performance. They shared data since February 2024, indicating improvement but claimed it was inadequate. I requested the PIP procedure but received no response. HR was copied on these emails but did not offer assistance. I am the first pregnant employee in the organization, and it appears they are attempting to terminate my employment on false performance grounds.

My primary concern is not Maternity Benefits; I simply want to work until June 30, 2024, due to financial obligations. However, the company seems intent on terminating me based on alleged poor performance. I have rejected the PIP. Can they terminate me under these circumstances or subject me to a PIP based on inaccurate metrics? Are there any laws, acts, or sections that protect my rights? It seems evident the company is trying to dismiss me solely because of my pregnancy. I seek expert advice and assistance. Please help me.

Legal Aspects of Employment Status Changes

The HR department in your company seems to lack understanding of the basic legal aspects governing employment. This is evident in their attempts to change your employment status from probationary to contractual, and from contractual to commission-based. They could have terminated your employment without changing your status from regular to contractual, provided the appointment order allows termination without reason during probation. If your HR was aware of this, they would have applied it to your employment contract as well.

Maternity Benefits Eligibility

Another important point is that to be entitled to maternity benefits, an employee should have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery. Section 5(2) of the Maternity Benefits Act can be interpreted as follows: 1. There should be 12 months of service immediately preceding the expected date of delivery, and 2. During this period, there should be 80 days of work.

Therefore, just by working for 80 days, a woman employee may not become entitled to maternity benefits. A plain reading of section 5(2) may suggest only 80 days of work, but the qualifying period is 80 days within the 12 months, not 80 days in three or four months.

Legal Interpretation and Assistance

In the absence of any court interpretation, I cannot assert that this is the correct interpretation, but there can be an interpretation that it is just 80 days without reference to 12 months. Therefore, please seek legal assistance before proceeding.

Unfair Employment Practices

The employer's actions, such as changing service conditions, placing employees on a PIP, or forcing them to leave, are unfair practices. We should challenge such actions. However, it is also important to consider the other side of the coin.