Seeking Advise on Termination during Pregnancy
6 months ago
Hi, I am a 3 month old Pregnant woman working for a know employer. I joined them recently and during the initial stage, I got pregnant. Now 2.5 months down the line, my employer is seeking for a reliving letter for an org I had worked earlier, else, they said there will be consequences. I obviously done have it due to a spot resignation, however i have provided my payslips and resignation letter which proves my employment with them. Though they haven't removed me yet, i want to know if they can remove me if at all - not sure what the legal forum would be here. Please advise.
A.Dear Client,
A relieving letter from a previous employer is required by the current employer for a background verification check of the employee they recruited for the establishment. To obtain a relieving letter from your ex-employer you can write to them and on denial or delay bring the matter to the notice of the concerned Labour Commissioner for resolving the issue. An employer cannot force a woman employee to resign after being aware of her pregnancy under any circumstances and cannot deprive her of the benefit available under the Maternity Benefit Act, 1961 if she qualified for the same. The Act states that women employees who have worked under the employer for at least 80 days in the past 12 months are eligible to get maternity benefits. The maternity leave is awarded with full pay prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. So, on submission of a written claim for the benefit of maternity leave, if your employer denies your maternity benefit or has dismissed or discharged you from services, you can send a legal notice to your employer regarding the denial of your maternity benefit and can make a complaint against the employer to the Inspector/Lebour Enforcement Officer(LEO) of the office of the concerned Labour Commissioner for redressal of your grievance. Apart, you can escalate your grievance before the Chairperson, of the National Commission for Women who is empowered to investigate complaints related to issues faced by women by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and request them for necessary help.
A relieving letter from a previous employer is required by the current employer for a background verification check of the employee they recruited for the establishment. To obtain a relieving letter from your ex-employer you can write to them and on denial or delay bring the matter to the notice of the concerned Labour Commissioner for resolving the issue. An employer cannot force a woman employee to resign after being aware of her pregnancy under any circumstances and cannot deprive her of the benefit available under the Maternity Benefit Act, 1961 if she qualified for the same. The Act states that women employees who have worked under the employer for at least 80 days in the past 12 months are eligible to get maternity benefits. The maternity leave is awarded with full pay prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. So, on submission of a written claim for the benefit of maternity leave, if your employer denies your maternity benefit or has dismissed or discharged you from services, you can send a legal notice to your employer regarding the denial of your maternity benefit and can make a complaint against the employer to the Inspector/Lebour Enforcement Officer(LEO) of the office of the concerned Labour Commissioner for redressal of your grievance. Apart, you can escalate your grievance before the Chairperson, of the National Commission for Women who is empowered to investigate complaints related to issues faced by women by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and request them for necessary help.
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A.Dear Client,
In India, the Maternity Benefit Act, 1961, provides certain rights and benefits to pregnant women. If you have worked for your current employer for at least 80 days in the 12 months preceding your expected date of delivery, you are entitled to maternity leave and benefits. Your employer cannot terminate your employment during your maternity leave. While it is common for employers to request a relieving letter from previous employers, not having one should not be a reason for termination during pregnancy, especially if you have provided other proof of your previous employment, such as payslips and a resignation letter. If you resigned from your previous organization without serving the notice period, this might be considered a breach of contract. However, your current employer should follow a proper legal process if they intend to take any action against you. They cannot simply terminate your employment without adhering to due process.
In India, the Maternity Benefit Act, 1961, provides certain rights and benefits to pregnant women. If you have worked for your current employer for at least 80 days in the 12 months preceding your expected date of delivery, you are entitled to maternity leave and benefits. Your employer cannot terminate your employment during your maternity leave. While it is common for employers to request a relieving letter from previous employers, not having one should not be a reason for termination during pregnancy, especially if you have provided other proof of your previous employment, such as payslips and a resignation letter. If you resigned from your previous organization without serving the notice period, this might be considered a breach of contract. However, your current employer should follow a proper legal process if they intend to take any action against you. They cannot simply terminate your employment without adhering to due process.
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