Sent me a conclusion letter when i am 7 month pregnant stating poor performance without talking to me. What action item i can take on employer?
From India, Hyderabad
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From India, Hyderabad
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You can file a complaint before the appropriate authority, i.e., the Labour Officer, stating that the employer has terminated you while you were pregnant and thereby violated Section 12 of the Maternity Benefits Act. You can also file a complaint before the Commission for Women's Rights in the state.
From India, Kannur
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4491From India, Kannur
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Have you informed the company about the pregnancy? Move to the labor office of the area, provided you are not working in a managerial level or supervisory capacity. Otherwise, file a case against your company for violating the Maternity Benefit Act in court. Do not contest your termination but mention it to avoid issues with the Act. Termination for poor performance is equally unacceptable and illegal. Consult a lawyer to initiate legal action. Stay calm at this stage and focus on ensuring a safe delivery.
You can also file a complaint with the National Commission for Women if your employer denies you maternity benefits as per the Act. Send copies of the complaint to the President and PMO. You may also call our toll-free number 1800-180-1104 to register your grievance through the PMSMA Helpdesk agents.
From India, Mumbai
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You can also file a complaint with the National Commission for Women if your employer denies you maternity benefits as per the Act. Send copies of the complaint to the President and PMO. You may also call our toll-free number 1800-180-1104 to register your grievance through the PMSMA Helpdesk agents.
From India, Mumbai
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I think the protection against termination, etc., is available only when the woman is absent from work in accordance with the provisions of the Act (sec 12(1)). Even supervisory or managerial employees can make a complaint against the employer under sec 12 of the Maternity Benefits Act.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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But section 12(2)(a) of the Act is to be interpreted to mean that the employment of a pregnant woman can be terminated if the employer provides her with the medical benefit and/or bonus prescribed under the Act to which she would have been entitled if she were still employed. This implies that as long as the employer is paying the maternity benefits, termination of employment will not be deemed an act of depriving the benefits.
In Bharti Gupta v. Rail India Technical and Economical Services Limited and Ors (123(2005)DLT138, 2005(84)DRJ53), the employee was terminated when she applied for maternity leave. The Court held that Section 12 of the Act emphasizes the independent and inflexible nature of the liability to mandate that no one can be dismissed due to pregnancy.
It is also noted that in a recent verdict in Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department and Others (2023 LLR 1299), the Supreme Court of India stated that any attempt to enforce the contract duration term during the maternity leave period would constitute a "discharge" and attract section 12(2)(a) of the Maternity Benefits Act. Therefore, in my opinion, the employee in question in the thread is very well entitled to maternity benefits, i.e., 26 weeks of paid leave and a medical bonus of Rs. 3500.
From India, Kannur
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In Bharti Gupta v. Rail India Technical and Economical Services Limited and Ors (123(2005)DLT138, 2005(84)DRJ53), the employee was terminated when she applied for maternity leave. The Court held that Section 12 of the Act emphasizes the independent and inflexible nature of the liability to mandate that no one can be dismissed due to pregnancy.
It is also noted that in a recent verdict in Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department and Others (2023 LLR 1299), the Supreme Court of India stated that any attempt to enforce the contract duration term during the maternity leave period would constitute a "discharge" and attract section 12(2)(a) of the Maternity Benefits Act. Therefore, in my opinion, the employee in question in the thread is very well entitled to maternity benefits, i.e., 26 weeks of paid leave and a medical bonus of Rs. 3500.
From India, Kannur
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Section 12 in The Maternity Benefit Act, 1961
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. (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 sub-section (1).
From India, Mumbai
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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. (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 sub-section (1).
From India, Mumbai
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Yes, Prabhat I have sent out an email of my pregnancy and also maternity leave email from when i will be taking it three month before receiving my conclusion email
From India, Hyderabad
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From India, Hyderabad
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This period is very crucial for you and the baby in your womb. You should lodge your complaint in all forums as mentioned and not forget, as our judiciary action is very lethargic and time-consuming.
The benefits under the law remain intact even if termination occurs. Termination in any manner is bad and is worst in the case of a pregnant employee.
You can call me with a prior message anytime after 11 a.m.
Have a nice day. Stay calm, read good books for a healthy baby. Your stress from losing your job will have a negative impact on the baby in the womb.
From India, Mumbai
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The benefits under the law remain intact even if termination occurs. Termination in any manner is bad and is worst in the case of a pregnant employee.
You can call me with a prior message anytime after 11 a.m.
Have a nice day. Stay calm, read good books for a healthy baby. Your stress from losing your job will have a negative impact on the baby in the womb.
From India, Mumbai
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It appears it's an act of 'preemption' on the part of the employer, a cat and mouse chase. There's no confirmation whether the applied MB leave was granted or not. Notwithstanding, the employee will be entitled to MBs under the act, and she can rightfully contest the termination.
From India, Bangalore
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From India, Bangalore
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Maternity Benefits Act 1961.pdf