Termination of Employment during Pregnancy
5 months ago
Hi, I am working in IT industry and currently on bench. I am into 4th month of pregnancy and have already notified the employer about the same, the employer has notified about firing a few people on bench out of many based on higher salary criteria and I am one among them. Is it legal to fire me as I am currently in pregnancy period and I might not be offered job anywhere else.
A.Dear client
The Maternity Benefit Act prohibits the termination of employment during the period of a woman's maternity leave. It also provides for maternity leave and other related benefits. Firing an employee due to pregnancy is considered discriminatory, and it goes against the principles of equal opportunities and protection against unfair termination. As per the Act, a woman cannot be dismissed or discharged or given notice of dismissal during or on account of her absence due to maternity leave. If your termination is based solely on higher salary criteria and not directly linked to your pregnancy, the employer might argue that it's a business decision based on cost considerations. However, any discriminatory action linked to pregnancy is still not legally justified.
The Maternity Benefit Act prohibits the termination of employment during the period of a woman's maternity leave. It also provides for maternity leave and other related benefits. Firing an employee due to pregnancy is considered discriminatory, and it goes against the principles of equal opportunities and protection against unfair termination. As per the Act, a woman cannot be dismissed or discharged or given notice of dismissal during or on account of her absence due to maternity leave. If your termination is based solely on higher salary criteria and not directly linked to your pregnancy, the employer might argue that it's a business decision based on cost considerations. However, any discriminatory action linked to pregnancy is still not legally justified.
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A.Dear Client,
As per the provision of the Maternity Benefit Act, 1961, an employee is entitled to maternity leave with full pay on completion of at least 80 days of work in an establishment in the 12 months 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. An employer being aware of the pregnancy of a woman employee cannot terminate her service to deprive her of the benefit of the Act and such an action on the part of the employer will be held illegal and deserved to be challenged before the competent authority and Court. So, if the situation so warrants, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit against the Company seeking appropriate relief in the matter
As per the provision of the Maternity Benefit Act, 1961, an employee is entitled to maternity leave with full pay on completion of at least 80 days of work in an establishment in the 12 months 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. An employer being aware of the pregnancy of a woman employee cannot terminate her service to deprive her of the benefit of the Act and such an action on the part of the employer will be held illegal and deserved to be challenged before the competent authority and Court. So, if the situation so warrants, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit against the Company seeking appropriate relief in the matter
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