7 months pregnant women asked to resign.

Mohit Gautam (Querist) 30 September 2015 This query is : Resolved
Dear Experts I need your valuable advice on the subject.
My wife is asked to put her papers with a notice period of one month.The reason given is company facing losses. She completed 5 years in August 2015.
She informed the office about her pregnancy via mail in April 2015. After which there is one more team member was hired.
Now today her boss called up a meeting and asked her to resign.

As of now she has not accepted the request.

Kindly advice what law says in such cases. Can compony force her to resign by giving reasons like company loss or may be non performance. I was going through the maternity act 1961 which states that no establishment can fire a pregnant employee unless it's gross misconduct. What is the definition of misconduct as per the law.

Thanks,
Mohit

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Sudhir Kumar, Advocate (Expert) 30 September 2015
per-se action of company is illegal.

P. Venu (Expert) 30 September 2015
You may represent highlighting illegality in the action and if not successful, may pursue legal remedies.

Mohit Gautam (Querist) 30 September 2015
Dear Venu,

thanks for the reply. Also if you can suggest what legal action can be taken and where I shall report this.

Kumar Doab (Expert) 30 September 2015
Preferably she should record the demand (audio/visual/witnessed/minuted) and build favorable written record.

The Bosses are trying time tested tricks i.e extract resignation.

Forced resignation can be termed deemed termination....................however the onus to prove may fall upon the Lady.

Therefore build irrefutable evidence.

Forced resignation is offense.

Looking into service conditions notice of resignation can not be accepted before expiry of notice period.

Resignation can be withdrawn before acceptance.

Remain amiable ,gentle.

She can seek help of colleagues to be her witness........................etc............female employees/employees unions/trade unions.............

As per the Act the Maternity Benefit Period is clearly defined {before expected date of delivery (6weeks...............or more as per company's policy) and after delivery...................(6weeks...............or more as per company's policy and another 1month in case of sickness due to pregnancy delivery)} and employer can not terminate during this period.

The Inspector appointed under the Act (state/central....................as applicable in her case)

O/o Labor commissioner (state/central)

Higher officials of Dept. of labor

can be approached.

You can discuss in person with an able labor law consultant with copies of all docs on record.