Hi, I am currently three months into my pregnancy, and my HR suddenly informed me that my performance was low and asked me to quit. I have been taking leave for 2-4 days a month as it is my third month. Before this, one of my teammates was also pregnant (one month) and asked for leave. HR asked her to quit the company, and she eventually resigned. I have been serving in the company for six months, and the probation period is one year. Please advise.
From India, Chennai
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From India, Chennai
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Now you are in the probation period, so they may terminate you as per the clause mentioned in your appointment letter. Due to maternity reasons, if they ask you to quit, that is not a good practice of HR.
From India, Mumbai
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429From India, Mumbai
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Interesting...
Legal Standpoint on Probation and Maternity Benefits
The legal standpoint is this: You are under probation, so it's their choice whether they confirm or terminate you. They are giving you a choice of resigning so you get a clean exit. However, the Maternity Benefit Act applies to you, so the company is liable to give you a salary for 12 weeks as per the act.
Based on the limited information available (you may actually be inefficient; we don't know the basis of the assessment), this is not a good company to work with. So, ask them to give you your maternity benefit wages and finalize the settlement of pending dues and leave.
From India, Mumbai
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Legal Standpoint on Probation and Maternity Benefits
The legal standpoint is this: You are under probation, so it's their choice whether they confirm or terminate you. They are giving you a choice of resigning so you get a clean exit. However, the Maternity Benefit Act applies to you, so the company is liable to give you a salary for 12 weeks as per the act.
Based on the limited information available (you may actually be inefficient; we don't know the basis of the assessment), this is not a good company to work with. So, ask them to give you your maternity benefit wages and finalize the settlement of pending dues and leave.
From India, Mumbai
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If you have completed more than 180 days in the organization, then the company cannot ask you to leave for maternity reasons. However, since you are on probation, if they can prove in writing that your performance is unsatisfactory, they can terminate you or ask you to resign.
In any case, the company seems too cheap to continue working with. It is just giving a politically correct answer to avoid any maternity costs. Don't waste your time with such cheap companies.
Regards,
Ashutosh Thakre
From India, Mumbai
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In any case, the company seems too cheap to continue working with. It is just giving a politically correct answer to avoid any maternity costs. Don't waste your time with such cheap companies.
Regards,
Ashutosh Thakre
From India, Mumbai
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Thank you for the replies. I already have 4.5 years of experience in the industry. Now, I have switched over to this new company 6 months ago. Regarding my performance, they haven't intimated me; suddenly, they called me and asked me to quit.
Also, I haven't signed any HR policies; they gave me only an offer letter. If my performance is not good, they should have intimated me beforehand (in which I am low with performance).
After hearing this, I got a little stressed and don't know what to do. Salary is important to run the family these days.
Please advise.
From India, Chennai
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Also, I haven't signed any HR policies; they gave me only an offer letter. If my performance is not good, they should have intimated me beforehand (in which I am low with performance).
After hearing this, I got a little stressed and don't know what to do. Salary is important to run the family these days.
Please advise.
From India, Chennai
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Appointment Letter: Is It Given to You or Not?
If not, then you will have to prove that you are an employee of the company by providing pay slips, bank statements, and other relevant documents.
They cannot terminate you during pregnancy. They must prove that your performance is unsatisfactory and provide you with an opportunity to improve. Even if it is stated in the appointment letter that they can terminate you at any time during probation, they are still obligated to provide you with all benefits under the Maternity Benefit Act, as performance and maternity benefits are separate issues.
The discharge or dismissal of a woman during pregnancy, when she would have been entitled to maternity benefits or a medical bonus, shall not deprive her of these benefits unless it is for gross misconduct, as prescribed. Performance-related issues do not constitute gross misconduct, and therefore, they cannot withhold maternity benefits.
Any woman deprived of maternity benefits, medical bonus, discharged, or dismissed during her absence from work under this Act, may appeal within sixty days to the prescribed authority. The decision of the authority shall be final.
The appellate authority for this Act is the Inspectors of Labour and Regional Deputy Commissioners of Labour.
From India, Mumbai
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If not, then you will have to prove that you are an employee of the company by providing pay slips, bank statements, and other relevant documents.
They cannot terminate you during pregnancy. They must prove that your performance is unsatisfactory and provide you with an opportunity to improve. Even if it is stated in the appointment letter that they can terminate you at any time during probation, they are still obligated to provide you with all benefits under the Maternity Benefit Act, as performance and maternity benefits are separate issues.
The discharge or dismissal of a woman during pregnancy, when she would have been entitled to maternity benefits or a medical bonus, shall not deprive her of these benefits unless it is for gross misconduct, as prescribed. Performance-related issues do not constitute gross misconduct, and therefore, they cannot withhold maternity benefits.
Any woman deprived of maternity benefits, medical bonus, discharged, or dismissed during her absence from work under this Act, may appeal within sixty days to the prescribed authority. The decision of the authority shall be final.
The appellate authority for this Act is the Inspectors of Labour and Regional Deputy Commissioners of Labour.
From India, Mumbai
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It is 80 days, Ashutosh. Now, coming to the legality of termination, you can defend the termination only if the termination letter states the reason for termination. That is, when the appointment order says that "during probation your services shall be terminated 'without assigning any reason' and without notice," then what should be checked is whether they have given the letter of termination with the reason for termination, i.e., poor performance. In such cases only, you have the right to ask for evaluation and relevant papers. On the other hand, if the termination letter simply states that "following clause...of your contract of employment with us, your services stand terminated with effect from..." then you have no other way because the termination is without any reason, and that is permissible during the probation period. When you give a reason, naturally, the employer should have conducted an inquiry, and the reasons should be known to you in advance. You should be given opportunities to defend the charges (of poor performance) etc.
Now, practical issues: If you view from the HR side, will it be congenial to take employment and after a few months take long leave on the ground of sickness or maternity reasons? I don't think yes. If you have more than 4 years of experience, be confident to get another job after your delivery and when you feel yourself to be okay to take up employment elsewhere.
Regards,
Madhu.T.K
From India, Kannur
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Now, practical issues: If you view from the HR side, will it be congenial to take employment and after a few months take long leave on the ground of sickness or maternity reasons? I don't think yes. If you have more than 4 years of experience, be confident to get another job after your delivery and when you feel yourself to be okay to take up employment elsewhere.
Regards,
Madhu.T.K
From India, Kannur
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Understanding Maternity Leave and Termination During Probation
The Maternity Leave or Benefits and Termination on Probation Period are two different concepts. Please be very clear on these issues. If the management or HR is terminating an employee on the grounds of maternity, it is considered unfair labor practice. If a female employee has completed 80 working days of maternity benefits either under ESI or the Maternity Act of 1961, she should be allowed those benefits, and termination under any clause or form is illegal. This can be referred to the Labor Officer, or legal action can be taken.
However, I would like to say that, as mentioned by some of the contributing members on this subject matter, this shows the employer's mean nature and attitude towards their employees. Sometimes the management may not have knowledge on this matter. You represent your management people. It is better that one should make a decision consciously, i.e., not to bow down but to fight it, as it is a labor law which carries constitutional obligations and rights. Similarly, if they have assessed your performance in writing, you should have it. It is very unfortunate, but what I said holds good in the third sentence above.
Regards,
V. Murali
From India, Dabhol
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The Maternity Leave or Benefits and Termination on Probation Period are two different concepts. Please be very clear on these issues. If the management or HR is terminating an employee on the grounds of maternity, it is considered unfair labor practice. If a female employee has completed 80 working days of maternity benefits either under ESI or the Maternity Act of 1961, she should be allowed those benefits, and termination under any clause or form is illegal. This can be referred to the Labor Officer, or legal action can be taken.
However, I would like to say that, as mentioned by some of the contributing members on this subject matter, this shows the employer's mean nature and attitude towards their employees. Sometimes the management may not have knowledge on this matter. You represent your management people. It is better that one should make a decision consciously, i.e., not to bow down but to fight it, as it is a labor law which carries constitutional obligations and rights. Similarly, if they have assessed your performance in writing, you should have it. It is very unfortunate, but what I said holds good in the third sentence above.
Regards,
V. Murali
From India, Dabhol
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Clarification on Maternity Leave and Performance Issues
First of all, let the forum know whether you have informed your employer about your upcoming maternity leave. Secondly, clarify if the issue of non-performance occurred before or after this notification. Lastly, please indicate if your employer has issued a show-cause notice or warning letter regarding your poor performance, in order to provide a comprehensive view.
From India, Ahmadabad
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First of all, let the forum know whether you have informed your employer about your upcoming maternity leave. Secondly, clarify if the issue of non-performance occurred before or after this notification. Lastly, please indicate if your employer has issued a show-cause notice or warning letter regarding your poor performance, in order to provide a comprehensive view.
From India, Ahmadabad
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