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Employer is forcing for resignation to 4 month pregnant employee.
06-Jul-2023 (In Labour & Service Law)
Hello Sir/Mam,
My wife is 17 weeks pregnant & EDD is 18th December, 2019. As it is over 15 weeks of pregnancy, so she decided to intimate the company about pregnancy. But as she shared it over official mail, in reply to that, company is asking (in written mail) her to resign & can avail a compensatory salary for 3~4 months and resign willfully.
The reason they are giving is that they are downsizing the company and is curtailing down the position of her. But actually in real scenario, work is started handed over to a superior employee who is not even experienced in that work profile and asking my wife's assistance for job completion.
Today she got a call, to make her decision till (8th July, 2019) or company will provide her termination letter accordingly.
You seem to have a strong case of violation of fundamental rights, gender discrimination, abuse of dominance by employer amongst other things. It is advisable that expeditious action be taken against the employers by serving them with a strongly worded Legal Notice as soon as possible. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Hello, I have perused your query. In these circumstances, you can lodge a complaint against the employer. According to the maternity benefit act, it is illegal to terminate an employee during pregnancy. Further, you must not give your resignation. If the problem persists you have an option of sending a legal notice to them talking about legal recourse against them.
for more information feel free to contact me.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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I would advise you to issue a legal notice to the concerned directors of the company since they are in contravention of the legal provisions of the Matrrnity Relief Act, besides committing a serious violation of fundamental rights and gender discrimination. kindly take prompt action by issuing a Legal Notice. Further you don't put up your papers under pressure. You may further contact us for legal services.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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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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