Forcing pregnant women for work
Nithiselvan
(Querist) 20 December 2013
This query is : Resolved
Dear Sir, My wife is working in a private arts college. Now she is 5 months pregnant. she is a college nss member. Next week they are conducting a camp in a different location for 10days and listed my wife name for camp coordinating work by staying there for 10days and take care for students too. My wife had refused and submitted a request letter that as she is carrying and cant able to go for camp. but the nss head had forced her to sign the circular. Since my wife is working as contract type to work for Academic year min 1 year so his period also getting over by coming march. still we have another 3 year old son to take care. In this situation we dont know how to avoid this. please suggest
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
When it is be decided between work or health,choice is yours, if she feels that she can manage with the situation because the pregnancy is not in advance stage, leave it to her, do not be behind such small issues, or decide about quitting the employment. Once she is not even eligible for the maternity leave now, what is your concern about this so soon.
Nithiselvan
(Querist) 21 December 2013
Yes i agree with mr. kalaiselvan comments but the severity and view changes based on family structure. And it is not a regular job and a confirmed job. She is working in contract basis must for work minimum 1 year and its signed.
And they collected her certificates too and said those will be returned after period completion. Even they are not providing salary slip.
Any way delivery date is falling on May 10th 2014 but her work period over by April 30th 2014 only. We had decided to put the resign paper This month itself with request of 2months notice period instead of 3 months. Releaving by febraury 2014 end, instead of April end. So 2 months earlier.
If we place the resignation letter before the contract period they are asking for 3 months notice pay compulsory.
Me and my wife concern is how a 5 month pregnant lady can stay in a camp at remote location for 10 days where there is not enough facility for her. Even she is weak now.
My query is
1. whether an organization can force a pregnant lady to go for outstation 10days for nss camp
2. Is any organization has rights to hold the degree certificates of an employee , when employee is not confirmed and under contract..
3. Is there any relaxation for a carrying women. If she put the resignation paper and seeking to relieve earlier before the contract period without paying the notice pay. Since gap between contract period and delivery date is only 10days.
ajay sethi
(Expert) 21 December 2013
no they cannot force her to work at remote location for 10 days wherein no medical facilites are avilable . lodge complaint aginst the management with national commission for women .
organisation cannot retain your wife original certificate . issue legal notice for return of the same .
prabhakar singh
(Expert) 21 December 2013
1.No!
2.NO!
3.NO!The contract (notice period) has to be fulfilled.
Please get checked if the state has made any notification that MATERNITY BENEFIT ACT, 1961 is applicable to this institution.
Rajendra K Goyal
(Expert) 21 December 2013
1. If her position is such that medical attendance may be required at any time, she should furnish medical certificate and letter to the effect. If request turned down may approach National Commission for woman.
2.Original certificates can not be retained, send notice for return.
3. If maternity benefit act provisions are applicable, apply for maternity leave for the period before end of contract period.
Kumar Doab
(Expert) 21 December 2013
Learned experts have given valuable advice. Kindly follow it.
Mr. Prabhakar Singh has already clarified.
If the lady resigns she shall be in loss.
Signing the circular does not necessarily mean that she has agreed to duty at outstation, it might just be signature for having received the circular. Even if that is perceived as acceptance to duty the pregnant women employee can now point out due to pregnancy she can go to outstation duty.
Submit the request to HOD, Principle and clarify about circular and also that she has already notified the school and staff about pregnancy. She may also quote the reference of the letter already submitted by her.
If required obtain medical certificate from doctor recommending light work.
The Maternity Leave is accounted for in service period like weekly off, holidays.............................etc
Maternity Benefit Act is applicable to employees that are not regular.
The appropriate Govt. (State/Central) may grant exemption to the establishment if the establishment has provided superior benefits compared to those in the Act.
If the Act is applicable and/or if the establishment is exempted the establishment’s employer is under obligation to display the abstract of provisions at a conspicuous place in the establishment. If it does not it is lapse and default.
In case of any violation or a transgression or pressure the lady can approach the Inspector appointed under this Act by the appropriate government (State/Central). You may check and the Labor Inspector at your location may also be the Inspector under this Act.
Female anatomy is complex. While the employer may feel that pregnant women may perform any duty assigned the pregnant women may feel that her body is not fit for the duty.
Original Certificates is property of employee and employer can not have any lien on it.
Retention of original certificates by college, non issuance of salary slips is a violation and transgression by the management.
You may look into the provision of the Maternity Benefit Act 1961:
A pregnant woman can also request her employer not to give her any work which is of an arduous nature or which involves long hours of standing, etc. during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery or any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence, under the Act. On such a request being made by her, the employer shall not give her such work during such period. {Section 4}
When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. {Section 12}
The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child. {Section 6}
A woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 250 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. {Section 8 & Rule 5}
(i) The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
The appropriate Government can exempt any establishment from the operation of all or any of the provisions of the Act or of any rule made under the Act if the benefits provided by the establishment are not less favourable that those provided in the Act. {Section 26}
A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}
Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}; (b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual returns in the four prescribed forms. {Rule 16}
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
The author's query has been properly addressed by Expert Mr. Kamar Daob, hope the author may take assistance of a lawyer to proceed the way the law suggests on the subject issue.
Nithiselvan
(Querist) 21 December 2013
Thank your very much to all the experts. for their guidance. once again thanks
Raj Kumar Makkad
(Expert) 24 December 2013
Very well advised by experts on all aspects of the query.
