Hi, I am Aparna, living in Bangalore. I have been working as a Business Development Manager in a company for 1 year and 3 months. I was asked to leave the company as part of cost-cutting after I announced my pregnancy. However, there was no written communication to me; it was mentioned to me over the phone on 01/07/2013. They informed me that I have to quit after the month, and no salaries have been credited to me for the months of June and July. Can I fight against this legally?
Regards,
Aparna
From India, Bangalore
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2Regards,
Aparna
From India, Bangalore
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Questions to Consider Regarding Leave Application
Kindly answer the following questions:
1. Have you applied for leave in writing on account of pregnancy? (If not, send it through registered post and keep a copy of the same.)
2. Has it been accepted in writing or not? (If there is no reply, please send a reminder as well.)
If leave has not been applied for, please provide it in writing to your employer and wait for a written rejection before proceeding to legally contest it. Without any documentary proof, you cannot challenge it in any forum.
Legal Protection Against Termination Due to Pregnancy
The answers to your questions:
It is illegal to terminate an employee on grounds of pregnancy.
From United States
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Kindly answer the following questions:
1. Have you applied for leave in writing on account of pregnancy? (If not, send it through registered post and keep a copy of the same.)
2. Has it been accepted in writing or not? (If there is no reply, please send a reminder as well.)
If leave has not been applied for, please provide it in writing to your employer and wait for a written rejection before proceeding to legally contest it. Without any documentary proof, you cannot challenge it in any forum.
Legal Protection Against Termination Due to Pregnancy
The answers to your questions:
It is illegal to terminate an employee on grounds of pregnancy.
From United States
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You have worked for 15 months, hence you are eligible for maternity leave as per the legal standards, assuming your firm is registered under the Shops and Establishment Act. I have moved your post to the legal forum. Requesting our experts to suggest the best way out.
From India, Mumbai
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From India, Mumbai
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Please clarify if there were any other employees who were also asked to resign. Also, Mravimtnl has raised valid queries—please answer them. However, I am not sure if it will work if you apply for ML now since it would be post-facto.
One more thing—you worked here for 15 months. So you would have received at least one appraisal—did you get it? If yes, what were the ratings given to you?
Let's think of legal steps or otherwise later—please note that this step has its own set of consequences, which not all can take in your position.
Regards,
TS
From India, Hyderabad
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One more thing—you worked here for 15 months. So you would have received at least one appraisal—did you get it? If yes, what were the ratings given to you?
Let's think of legal steps or otherwise later—please note that this step has its own set of consequences, which not all can take in your position.
Regards,
TS
From India, Hyderabad
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I am sorry to hear about your situation, and I understand that your organization is engaging in unethical practices.
Maternity Benefit Act Awareness
It seems your HR Department is not aware of the Maternity Benefit Act of 1961 and related provisions. Since you are a managerial staff member, you are not covered by the ESI Act, but your company might have medical insurance coverage.
Communication with Employer
Please let us know if you have submitted a physical letter informing your employer of your pregnancy, along with a certificate from the gynecologist or treating doctor. Have they responded to your message? If your HR person possesses soft skills, he or she should have congratulated you in their reply.
Response from HR
If they replied and included a message about the cessation of your services, it should have been mentioned as a part of the message. If there is any proposal to eliminate you from the company, they should have informed you in writing, not through oral messages.
Termination Concerns
If you were informed about the termination of your services after submitting your pregnancy letter, it is not acceptable. If the reason given is related to the financial status of the company, to a certain extent, it may be acceptable. However, if the termination is due to performance or other reasons, it is unethical for the company to inform you after you have informed them of your pregnancy. You have valid points if you acted in the above manner.
Certain organizations survive by engaging in such illegal practices, with government or law support.
Best wishes to you.
From India, Pune
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Maternity Benefit Act Awareness
It seems your HR Department is not aware of the Maternity Benefit Act of 1961 and related provisions. Since you are a managerial staff member, you are not covered by the ESI Act, but your company might have medical insurance coverage.
Communication with Employer
Please let us know if you have submitted a physical letter informing your employer of your pregnancy, along with a certificate from the gynecologist or treating doctor. Have they responded to your message? If your HR person possesses soft skills, he or she should have congratulated you in their reply.
Response from HR
If they replied and included a message about the cessation of your services, it should have been mentioned as a part of the message. If there is any proposal to eliminate you from the company, they should have informed you in writing, not through oral messages.
Termination Concerns
If you were informed about the termination of your services after submitting your pregnancy letter, it is not acceptable. If the reason given is related to the financial status of the company, to a certain extent, it may be acceptable. However, if the termination is due to performance or other reasons, it is unethical for the company to inform you after you have informed them of your pregnancy. You have valid points if you acted in the above manner.
Certain organizations survive by engaging in such illegal practices, with government or law support.
Best wishes to you.
From India, Pune
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What you are going through at the hands of your employer is illegal. This conduct on the part of the company amounts to discrimination and unfair employee practices. The company will be liable not just for denying you maternity leave, but if they refuse to do so, they will be criminally liable for violation of the KS&CE Act, Maternity Act, and Factories Act (if applicable). The Labor Inspector can file a criminal complaint against the company official in charge (even the Managing Director if necessary). All you need to do is file a complaint before the jurisdictional Assistant Labor Commissioner at Karmikra Bhawan, Dairy Circle (preferably through a lawyer). Please feel free to communicate in case you need assistance.
Regards,
From India, Chennai
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Regards,
From India, Chennai
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What your HR is doing is an unfair labor practice. However, I would like to know how you announced your pregnancy. Are you due for maternity leave? If the sole reason for your being asked to leave was the pregnancy, then it is illegal.
From Ghana, Accra
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From Ghana, Accra
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Maternity Leave and Legal Rights
You are eligible for maternity leave under the Maternity Benefit Act for 12 weeks, six weeks before and six weeks after the delivery of the baby. You are also entitled to a maternity bonus. The leaves are paid leaves; therefore, your company cannot terminate you. Termination on the grounds of non-performance requires records such as KRA, achievements, progress, etc. Terminating you by a phone call is not legally acceptable. However, if you are absent after this call, then you may be terminated on the grounds of absence without information. Therefore, send communication via mail or registered post about your maternity leave. For more information, you may contact me at [Phone Number Removed For Privacy Reasons].
Regards,
From India, Bangalore
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You are eligible for maternity leave under the Maternity Benefit Act for 12 weeks, six weeks before and six weeks after the delivery of the baby. You are also entitled to a maternity bonus. The leaves are paid leaves; therefore, your company cannot terminate you. Termination on the grounds of non-performance requires records such as KRA, achievements, progress, etc. Terminating you by a phone call is not legally acceptable. However, if you are absent after this call, then you may be terminated on the grounds of absence without information. Therefore, send communication via mail or registered post about your maternity leave. For more information, you may contact me at [Phone Number Removed For Privacy Reasons].
Regards,
From India, Bangalore
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Relevant section from the Maternity Benefit Act:
12. Dismissal during absence of pregnancy
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence, or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
1[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).
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12. Dismissal during absence of pregnancy
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence, or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
1[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).
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Maternity Leave Entitlements
If you are in your 7th or 8th month when you applied for leave, it is a mandatory rule for your employer to provide 3 months of paid maternity leave. After that period, the leave will be without pay, or based on your earlier performance, they may pay you for one more month to retain you.
If you apply for pregnancy leave before the 5th month, there are a few loopholes they might use as excuses. Please verify the date on which you applied for maternity leave.
Check your company's terms and conditions to see if there is a clause provided for maternity leave.
From India, Mumbai
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If you are in your 7th or 8th month when you applied for leave, it is a mandatory rule for your employer to provide 3 months of paid maternity leave. After that period, the leave will be without pay, or based on your earlier performance, they may pay you for one more month to retain you.
If you apply for pregnancy leave before the 5th month, there are a few loopholes they might use as excuses. Please verify the date on which you applied for maternity leave.
Check your company's terms and conditions to see if there is a clause provided for maternity leave.
From India, Mumbai
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Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf