related pregancy related pregancy

9 months ago

can be fired the employee during the pregancy

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
Under Sec.12(2)(b) of the Maternity Benefit Act, 1961 a woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work during the period of her pregnancy 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. So, in the prevailing situation, you can make a complaint against your employer within the aforesaid time limit before the regulatory authority under the Act that includes the concerned Labour Commissioner, concerned Chief Inspector of Shops and Establishment or the concerned Factory Inspector under the Factories Act, 1948 based on the nature and category of the establishment you belong for redressal of your grievance.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

View All Answers
A.Dear client,
an employer cannot fire a pregnant woman as per the Maternity Laws of India. If it happens, then then the employer will be penalized for the same under Section 12 of the Maternity Benefit Act. As per section 12, an employer is barred from firing an employee. Failure to comply to section 12 shall attract the penal provisions under Section 21 of the maternity benefit act which is imprisonment for a term not less than 3 months that may extend unto a year
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconI abuse a Loan girl with word Madharchod
Dear Client, According to Section 354 of Indian Penal Code (IPC), the usage of any abusive language to a woman, with an intent to outrage her modesty, constituting an assault or use of criminal force,...
question iconConfiscated phone
Dear Client, If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritt...
question iconDocuments are held and salary not given
Dear Client, Please go through your employer employee contract and understand for what period of duration did your contract exist. if you have breached the contract by not fulfilling the required cri...
question iconMental tourture by ex girlfriend
Dear Client, It is a clear case of harassment and it is advisable that your fiance to file a complaint than you directly . your fiance can file a case of harassment under sec 509 of IPC for harassing...
question iconRight to life
Dear Client, Any ventures or commercial activities affecting the health and life of the common public at large require mass protests to attract the attention of the higher authorities. In the given sc...