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Author Topic: Asked to resign during Pregnancy  (Read 1422 times)

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Offline 270715

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Asked to resign during Pregnancy
« on: June 11, 2015, 04:04:44 AM »

I'm Working With Present Organisation (A Power Generation Company) Since Last 5 Years In Gurgaon. Last Week, All Of Sudden HR Has Informed In-Person That I Would Be Required To Resign & Then Relieved From My Job By July End Citing Reason That Company Is Not Doing Good. Presently I'm In Third Month Of Pregnancy & Its Quite Unlikely For Me To Search New Job At Senior Levels & Work In New Organisation. It Is Also Surprising To Notice That I Was Asked For Resignation Soon After I Had Informed About Sickness To My Reporting Officer For Taking Leaves. Further My Job Involves Extensive Travel Within Country. As I Was Advised By Doctor For Not Undertaking Travel During 3rd - 4th Month, It Was Essential For Me To Inform My Reporting Officer. But Asking To Resign Was Least Expected. In Such Situation Can You Advise Suitable Course Of Action. Also When Discussed With HR About My Pregnancy & Loss Which I Would Incur For Being Jobless, They Agreed For Issuing Service Continuation Letter Till Expected Date Of Delivery Without Any Compensation As They Would Serve 1 Month Notice. Can You Suggest What Recourse Do I Have As Per Indian Laws & what benefits I should be receiving under Maternity Benefit Act?

Thanks

Offline kphk

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Re: Asked to resign during Pregnancy
« Reply #1 on: June 11, 2015, 10:27:10 AM »
Can you please give more details about the organisation madam. If it as quasi-governmental oraganisation then some thing could be done, but if it a purely private organisation then the chances, though exist, are bleak. You can definitely claim benefit under the Maternity Benefit Act.

Offline 270715

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Re: Asked to resign during Pregnancy
« Reply #2 on: June 11, 2015, 09:12:40 PM »
Thanks for reply. I work with purely private organisation.

Offline 270715

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Re: Asked to resign during Pregnancy
« Reply #3 on: June 11, 2015, 09:21:41 PM »

Organisation is also BSE/NSE listed one. Further, can you provide details/nature of benefits that can be claimed to organisation under Maternity Benefit Act.

Offline kphk

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Re: Asked to resign during Pregnancy
« Reply #4 on: June 12, 2015, 06:58:46 AM »
It means it is a public limited company. You can avail maternity benefits. Benefits like leave upto 12 weeks before date of delivery and 6 weeks or so after delivery, full salary during the period of leave, immunity from dismissal during your leave period, and some additional benefits are available madam. You briefly go through the act to get a vague idea, finer aspects can only be handled by a professional. If things escalate you can try getting an injunction against removing you on the ground of pregnancy, but timing is very essential and if the company is quick and smart enough in removing you before you could avail the benefits of the act then nothing can be done. Now is the time for you to drag on your position till you fall under this act.

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Re: Asked to resign during Pregnancy
« Reply #5 on: June 15, 2015, 01:49:59 AM »
Dear Adv.,

I have gone through clauses under Maternity Benefit Act. Lets see how things work with organisation in dragging position till next 3-4 months to get covered under this act.

Thanks once again for advise.

Offline CZmasanga

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Re: Asked to resign during Pregnancy
« Reply #6 on: August 05, 2015, 03:50:24 AM »
And what is the result now ??

 

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