Legal Question in Employment Law in India

I was a teacher in private school and i was in a probation period of one year .in september 2014 ,when i had submitted application for maternity leave,principal has terminated me with one month pay

could any employer terminate a pregnant women employee

if answer is no then where we can approach except competent authority because competent authority in chhattisgarh is very incompetent


Asked on 2/17/15, 9:57 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

18.02.2015

Dear Madam,

Your appointment as a Teacher is governed by the Terms & Conditions specified in your Offer / Appointment Letter, and the prevailing Rules & Regulations of your School's / Educational Institution's governing body, as applicable.

Ideally, an employer should not terminate any employee's service purely on medical grounds. The employee on her part has to be reasonable whilst she is expecting concessions from the employee to facilitate her medical condition. Just to cite an example, a pregnant woman cannot frequently remain absent from work on some pretext or the other during the entire duration of her being in the state of motherhood, because her frequent remaining absent from school is drastically going to affect her class students' learning process. So you should first reason out the prime reason why the Principal has terminated your service.

Keep the faith. Try and avoid jumping to conclusions, as it may hamper your task for seeking justice. You should follow protocol and regularly follow up with the authorities to ascertain action initiated by them in your case. Simulatenously, scout for giving home tuition to students to apply your subject knowledge and teaching skills till your delivery.

All the best !

Regards,

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Answered on 2/17/15, 10:43 pm


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