Hi, I wanted to inquire about an issue with my wife. She is 7 months pregnant, and a few days ago, her boss asked her to resign from her job due to low performance, or they will terminate her. They then removed her online access for her work. She was supposed to go on her maternity leave next month. What can be done here?
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Hi, An employer cannot terminate an employee during pregnancy, even if the reason for termination is due to low performance. It is against the law. Please advise your wife not to submit her resignation. If a resignation is submitted, it would be presented as if she had done so voluntarily and not out of any compulsion. If the employer terminates her, this action can be challenged before the competent Labor Authority.
From India, Madras
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1015From India, Madras
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She has not submitted her resignation yet, but they have removed her access to emails and other sites. She sent an email asking them to reactivate her credentials as she is unable to log in to work. It was only conveyed to her over a call, where they compelled her to resign immediately. The HR was also present. Then she was informed that she had two days to resign, but they had already removed her access.
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Hi, understood. I hope she has already communicated with her employer about her pregnancy and her plan for maternity leave?
Now she can contact the local Labour Officer of her office jurisdiction. They will help her.
Before proceeding, please ensure that your wife's employer comes under the purview of the Maternity Benefit Act, which is primarily important.
From India, Madras
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Now she can contact the local Labour Officer of her office jurisdiction. They will help her.
Before proceeding, please ensure that your wife's employer comes under the purview of the Maternity Benefit Act, which is primarily important.
From India, Madras
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Yes, she does come under the Maternity Benefits Act. Additionally, she was just sent the termination letter today. So now, I might be able to take this legally.
She had already communicated that she is pregnant and was working from home.
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She had already communicated that she is pregnant and was working from home.
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Maternity Benefits Act 1961.pdf
Maternity Benefits Under The Maternity Benefits Act 1961.docx