Pregnant women asked to leave company citing redundancy of profile

Hi My sister-in law joined an company in aug 2017. She was hired to work for a client of the company at the clients location. 5 Months in the job she verbally informed her manager abt her pregnancy and in Jan 2018 , the client and her own company chucked her out of the job stating that her job profile has become redundant. The company had hired 3 more people for the same role who joined prior to my sister-in-law. But, they have not been asked to leave the company. According to her offer letter the company should give 2 months notice period before firing an employee. But the company gave her just 15 days. At the time of joining she was told that she is covered under the medical insurance worth 100000inr. She was not given a medical card during her tenure. Can my sister-in law file a case in the labour court? She had given verbal communication abt pregnancy.

Answers (2)

52 votes

Generally the terms of termination in contracts do mention that the Company can terminate an employee on the basis of any misconduct or unauthorized absent and any other terms/policies decided by them which also includes that if the employer will be terminating any employee a one/two months prior notice would be served or would take effect immediately.
These policies are solely decided by the company itself.
If your contract mentions termination has to be done by providing a two months prior notice before terminating the employee then you are at will to file a case against the company.

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130 votes

Same can be filed before Regional Labour Commissioner and Central labour Commissioner under Maternity Benefit Act, Equal remuneration Act citing all the facts. Verbal communication wont cause hindrance since the pregnancy itself is a proof. Therefore action before Labour Courts will be maintainable and there are good chances of relief.

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