Is it legal to terminate a pregnant woman under maternity law? Is it legal to terminate a pregnant woman under maternity law?

2 years ago

I am working in a company at mumbai city.I am 5months pregnant and this is known to my manager.Now I came to know that my company is on the verge to terminate some people (since most of the senior management has been terminated)and so I will be the first one who will be targeted due to my pregnancy.At this point I don’t really know how to just save my job.Do we have any way out as per Indian maternity benefit act to save myself from this?Is company legally ok to terminate its pregnant employee?

The job is really important for me at this point of time since this is major source of income to my family.

Pls suggest,what should be my course of action.

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Because the employment selection is based on merit, ma'am, the termination will also be based on merit. However, according to Indian law, unilaterally terminating your service term while your absence is unlawful. Try talking to your employer and let them know the position of your income and the circumstances you are in, I am sure the employer would accommodate you.
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Anik

Responded 2 years ago

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A.Hi,
Since the job selection is on merit, the termination will solely be on merit, ma'am. However during the moment of your absence it is illegal as per the laws in india to unilaterally terminate your service term.
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Sidhaarth

Responded 2 years ago

A.As such law does not restrict employer in any manner that a pregnant woman cannot be terminated. As per law pregnant woman is only permitted three months pregancy leave with all benefits and seniority. So merely because you are pregnant does not mean that employer cannot terminate your services. It is clarified that under pregnancy benefit Act an employer cannot terminate on the ground of pregnancy or absence on account maternity leave. Talk to employer and try to convince them.
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Abhimanyu Shandilya

Responded 2 years ago

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A.AN employer cannot fire a pregnant woman as per the Maternity Laws of India. If it does that then then the employer will be penalized for the same. Under Section 12 employer is barred from firing and if the employer does so then under Section 21 the employer will be penalized.

Section 12 in The Maternity Benefit Act, 1961
12. Dismissal during absence of pregnancy.—
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
23 [(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).

Section 21 in The Maternity Benefit Act, 1961
25 [21. Penalty for contravention of Act by employer.—
(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: Provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.]

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