Legal Question in Employment Law in India

Dear Seniors,

I have joined my Organisation in Jan 2016 as Asst.Mgr - HR.

I got pregnant in May 2016 and on 11 July 2016 I told my Boss i.e Director of Co. that I am pregnant.

On 16 July 2016, my director told me that you are not performing and gave a Performance Improvement plan. All the points mentioned in the letter were activities of a Head HR not Assistant Manager - HR. During my joining I was not told that I will have to Head HR activities also.The letter stated they will check my performance till 31 July 2016 and will take a call.

Then my company hired a Head HR on July 25 2016, who was supposed to check my performance. But my company asked the Head HR to resign due to his performance on Oct 10,2016.

Now I am in my 8th month of pregnancy, my company has made me work all these months and now they are asking me to resign on immediate basis. i.e 31 December 2016 again stating performance.

Till July 2016, I had never received any performance related issues.They are forcing me to resign after he came to know that I am pregnant. This is to save the 3 months paid maternity leave which I will get in case I stay in the company. The company has a good maternity policy on papers but is forcing to resign in order to save money.

Please let me know what can I do. I would like to go legal on this. Kindly guide me as I feel cheated and insulted for making me work till 8th month and now that I am ready for my maternity leave, they are forcing me to resign.

Regards,

Deepthi


Asked on 12/16/16, 1:56 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.12.2016

Dear Deepthi,

I feel you should view the two developments independently based on your prevailing experience in the organisation, and in the context of the terms and conditions mentioned in your offer letter / appointment letter. Since you joined the Company in January, 2016 you are deemed to be a confirmed employee in the Company on completion of your probation period of 3 months or maximum 6 months that has been mentioned in your offer / appointment letter. From your mail, I gather that the Company had extended your probation period by one month. Having completed your probation in July end, you are a confirmed employee of the Company. I suggest you do not presume that the Company is trying to save the 3 months paid maternity leave post delivery and hence they are asking for your resignation; simply because if you do not submit your resignation and your services are terminated by the Company, the Company anyway remains legally liable to pay you three months salary for loss of job till you get another job, So, in my opinion, you keep working in the Company if and till you are medically fit and if possible till a week before your expected delivery and see what happens. Do not resign, let the Company terminate your services.

Regards,

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Answered on 12/17/16, 12:19 pm
Fca Prashant Chavan Expert Edge LLP

19.12.2016

Dear Dipthi,

https://www.youtube.com/watch?v=RC8ApqqKuAg

Regards,

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Answered on 12/17/16, 8:46 pm


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