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Employment termination during maternity Leave


18-Mar-2023 (In Labour & Service Law)

My sister was employed in one of food outlet customer care center, while she is on maternity leave her when asked for salary they asked get from edi, when went to esi, they said not renewed by ur employet, so when called company TL told her job is terminated due to down sizing. No mail or written communication n no salary also paid for maternity leave. Pls advice

Answers (1)

Answer #1
421 votes

It is unlawful for your employer to dismiss you from work because you are pregnant or suffer from any illness during pregnancy. Most companies have policies preventing discrimination against pregnant women, but there have been cases of subtle discrimination where women have been pressurized into giving up work.

 

Post reviewing the facts mentioned by you, it is recommended that the matter is escalated to the HRD in the organization, if your boss is using your pregnancy to either remove your or compel you to resign. As you have mentioned that you work with an MNC, the HRD must have policies safeguarding your interests and benefits.

 

In case you are unable to get due relief after approaching your company's HRD, you may opt for legal recourse.

 

We would need to know what are the parameters which determine your efficiency as mentioned by you. What are the other KRA's assigned to you? Are they being impacted owing to your pregnancy? Does your company HR policies allow for intra company movement across various job roles? These are some of the questions that need to be answered before we can ascertain the correct course of action for you.

 

We would also need to examine your employment contract / Appointment letter so as to examine and provide you an appropriate response to deal with this issue.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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