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nidhu   03 April 2018

Dismiss a pregnant employee (contract)

I am working in a private company in Bangalore from 1 and half years , permenent to parrent company and deployed in client location. And now i am carrying for 5 months. all of sudden my parent organization has informed me over phone that my contract with client will ends with in two days and they dont  have another opertunity to provide and the client is not extending the contract.

Even though i informed about my preganacy to Hr prior over phone , they claims that there is no official communication regarding my preganacy and this decision not took bcause of my preganancy. 

But I firmly believe this sudden desition is made to save the maternity benefits that I am eligible for. 

Is the reason given by organization is genuine and legally valid under Maternity Benefit Act 1961 ?
Does a organization has right to ask a pregnant women to resign  ?
What kind of compensation package we can ask since with in two days notice job contract got ended ?
 



Learning

 7 Replies

R.Ramachandran (Advocate)     03 April 2018

Have you got any letter from the parent company that you are a permanent employee?

R.Ramachandran (Advocate)     03 April 2018

Have you got any letter from the parent company that you are a permanent employee?

nidhu   04 April 2018

@ramachandran I got offer letter by saying 6 months I will be in probationary period and later I will be permanent employee with my parrent company. Now it's my 1 year and 6th month of work..

nidhu   04 April 2018

@ramachandran I got offer letter by saying 6 months I will be in probationary period and later I will be permanent employee with my parrent company. Now it's my 1 year and 6th month of work..

SUNIL DUTT SHARMA (LAWYER)     08 September 2018

BUT AFTER PROBATIONARY PERIOD OF 6 MONTHS,DID U RECEIVE ANY CONFIRMATION LETTER.IF YES,YOU ARE ELIGIBLE FOR THE MATERNITY BENEFIT ACT 1961.

SUNIL DUTT SHARMA (LAWYER)     08 September 2018

BUT AFTER PROBATIONARY PERIOD OF 6 MONTHS,DID U RECEIVE ANY CONFIRMATION LETTER.IF YES,YOU ARE ELIGIBLE FOR THE MATERNITY BENEFIT ACT 1961.LETTER SHOWING CONTENTS OF PERMENENT EMPLOYEE IS AN EVIDENCE.AND SINCE YOU HAVE WORKED FOR MORE THAN 06 MONTHS YOU ARE ELIGIBLE FOR ALL THE BENEFITS OF PREGNANCY.

SUNIL DUTT SHARMA (LAWYER)     08 September 2018

YOUR ELIMINATION IS ILLEGAL AND THE EMPLOYER IS LIABLE FOR COMPENSATION


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