Confirmation pending and maternity leave applied
28-Feb-2025 (In Labour & Service Law)
I am an employee in a startup company in Delhi with DOJ 26 Aug 2024.6 months served in service and confirmation is pending.On 3rd Feb 2025 applied for maternity leave by mailing managr,Now HR is verbally cohercing me to resign or else company will terminate my services.There is no performance issue. HR is saying verbally that company does not want to confirm services due to some expectation mismatch from management in performance and company is downsizing.company is not registered in labour law.
Dear Ma’am,
You need send an email to the HR stating your intent to apply for the leave and request the Hr to reply on the same. If the HR tries to make you resign then you should ask about the same via mail. Further you could also cc higher management in the mail. Still if they refuse to pay heed then you can hire an advocate to take appropriate steps against the Company.
You are protected under the Maternity Benefit Act, 1961, which prohibits termination during pregnancy. Verbal coercion to resign is illegal. File a written complaint with HR and escalate to the Labour Commissioner if needed. If the company is downsizing, they must follow the due process. Also, confirmation delay does not affect your maternity leave rights.
Let me know if you need my services.
Best Regards
Adv Adarsh Kumar
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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