I m a specialist doctor with three years experience. I joined a trust run private missionary hospital. after one year of probation they terminated me verbally pointing out minor tasks as grounds for non performance. No communication of my alleged underperformance or warning before termination. Appointment letter states one month notice either side clause . Also states one year probation case review after a year. I m seven months pregnant . Feel they are maligning me to avoid impending maternity benefit. Feel like suing. What are my rights?
From India, Delhi
From India, Delhi
There should be some specific clause about termination of employment during probation period. Normally, service will not get confirmed once the original probation period is over. It requires written communication. Therefore, you are still on probation, I presume. If the appointment order has a clause that your services shall be terminated during the probation period " without notice and without assigning any reason", then your termination cannot be questioned. At the same time, if your reason for termination, ie, non performance, has been stated in the termination letter, you can question it and defend the order saying that you were not given an opportunity to be heard or improve your performance. Then the employer should also show what is the benchmark and how the employee's rating has been done.
Now, following the Maternity Benefit Act, termination of a pregnant woman employee during pregnancy or during the period of her getting the maternity benefits, is illegal.
Madhu.T.K
From India, Kannur
4250Now, following the Maternity Benefit Act, termination of a pregnant woman employee during pregnancy or during the period of her getting the maternity benefits, is illegal.
Madhu.T.K
From India, Kannur
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