I have been working with the present company for the last 10 months in Gurgaon. Yesterday, all of a sudden, my manager called me and four more junior employees and said we need to resign as the company is going through cash stress. They did not inform us in person, which caused mental harassment. My manager said that I would be required to resign and then be relieved from my job by the end of July, citing the reason that the company is not doing well.
Currently, I am in the third month of pregnancy, and it is quite unlikely for me to search for a new job and work in a new organization. It is surprising to notice that I was asked to resign soon after informing my reporting officer about my pregnancy, as it was essential for me to inform them. However, being asked to resign was the least expected, and to do so in front of other employees caused mental harassment. In such a situation, can you advise on a suitable course of action? I have also refused to resign, but they are still forcing me to resign immediately, even after I explained the financial loss I would incur from being jobless. Can you suggest what recourse I have as per Indian laws?
From India, Delhi
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1Currently, I am in the third month of pregnancy, and it is quite unlikely for me to search for a new job and work in a new organization. It is surprising to notice that I was asked to resign soon after informing my reporting officer about my pregnancy, as it was essential for me to inform them. However, being asked to resign was the least expected, and to do so in front of other employees caused mental harassment. In such a situation, can you advise on a suitable course of action? I have also refused to resign, but they are still forcing me to resign immediately, even after I explained the financial loss I would incur from being jobless. Can you suggest what recourse I have as per Indian laws?
From India, Delhi
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The company is trying to evade maternity benefits. You should put it in writing about your pregnancy and mention that you had verbally informed a specific individual about your medical condition. They are committing an illegal act, and therefore, they want you to resign as a cover. Do not submit a resignation letter under any circumstances. If the company continues to trouble you, inform them that you will be forced to take legal action. The company will be aware that they are engaging in wrongful behavior.
From India, Pune
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From India, Pune
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Maternity Benefit Act and Employer Intimidation
I am extremely sorry to state that after the recent amendment to the Maternity Benefit Act, enhancing the Maternity Benefit Leave from 12 weeks to 26 weeks, most employers have started intimidating pregnant women employees at their whims and fancy. They force employees to resign due to one pretext or another. This attitude is now very common, particularly in the IT sector. I have come across a couple of cases in the High Court of Madras and also with the Labour Office in Hyderabad involving companies like TCS and Verizon. These types of cases are coming up daily.
You mentioned that you have informed your superior about your pregnancy. I hope you have submitted the supporting documents (confirming your pregnancy report by the doctor). The cash stress expressed by the management may be an excuse. Either they can terminate your service, or they will force you to resign. In any case, you have to approach the appropriate legal forum (the Labour Commissioner) for justice.
Regards,
P.S. Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance, PF, ESI, P Tax, Benefit Management & POSH COMPLIANCE) - KOLKATA
From India, Kolkata
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I am extremely sorry to state that after the recent amendment to the Maternity Benefit Act, enhancing the Maternity Benefit Leave from 12 weeks to 26 weeks, most employers have started intimidating pregnant women employees at their whims and fancy. They force employees to resign due to one pretext or another. This attitude is now very common, particularly in the IT sector. I have come across a couple of cases in the High Court of Madras and also with the Labour Office in Hyderabad involving companies like TCS and Verizon. These types of cases are coming up daily.
You mentioned that you have informed your superior about your pregnancy. I hope you have submitted the supporting documents (confirming your pregnancy report by the doctor). The cash stress expressed by the management may be an excuse. Either they can terminate your service, or they will force you to resign. In any case, you have to approach the appropriate legal forum (the Labour Commissioner) for justice.
Regards,
P.S. Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance, PF, ESI, P Tax, Benefit Management & POSH COMPLIANCE) - KOLKATA
From India, Kolkata
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(Fact Checked)-The user's reply contains accurate information regarding the recent amendment to the Maternity Benefit Act, which increased maternity leave to 26 weeks. The advice to approach the appropriate legal forum, such as the Labour Commissioner, for justice is valid. (1 Acknowledge point)
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
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(Fact Checked)-The user reply is mostly correct. However, it would be beneficial to provide more specific advice on the legal recourse available. It's essential to mention the Maternity Benefit Act, 1961, which prohibits termination during pregnancy. Consider seeking legal counsel or contacting the labor department for further guidance. (1 Acknowledge point)