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Hi,
The same situation, i used to face two - three times in my company.But in our case, the employee reveal after one -two months of joining. So, we introduced pre-employees health check.
If your wife is not even joined then its difficult to take any step as in offer letter there is usaually a clause,mentioning that the employee should joined on or before otherwise it will get expired. Kindly check it out.
For eligibility of maternity leave, if the employee worked more or equal to 80 days in the company, she can take maternity leave.
Regards,
Bem

From India, Bangalore
Hey,
Peer Sir's suggestion is invaluable. Dont compromise on family ever for anything.
Congratulations and All The Very Best on this new journey :)
@ Deadsoul: That was really rash. Never did he say that he need money, he was disappointed cuz his wife was upset about the way HR treated her.

From India, Mumbai
Dear RK,
Mr. Banerjee is very true w.r.t of applicability of Maternity Benefit Act, 1961.
Mr. Peer is very true w.r.t psychological changes.
All you need to do is keep your companion happy forever.
Any psychological changes can have an adverse affect on your wife and kid.
Think twice before your leap.
Cheers!
Abhishek RoyChowdhury

From India, Vadodara
Dear RK,
Mr. Peer and Mr. Banerjee's suggestions are the most appropriate.
You and your wife should focus on the new life ahead, and look at the positive side and the effect it has on your expected addition.
Jobs will come and go. A child and the associated joy is for life. Enjoy it..
All the best.

From Netherlands
It seems that everyone is guiding on the matter and trying to convince the concerned to choose what is more important, child or job. We are forgetting the fact that every female has equal right to job and has the enactments for maternity in place.
The concerned HR Manager simply cannot refuse the job or in fact any facility to rk5944's wife on the pretext of her being pregnant. It is against the ethics, values and also against the law of the land.
I will advice the concerned HR Manager to be reasonable and if the required the lady should first approach and write to the CEO/CMD of the new Company and also approach the National Commission for Women if the situation warrants.
Don't keep silent and raise your voice against the discrimination. if required put your case to media also if you can approach. I'm sure these employers will u-turn.
God bless u.

From India, Faridabad
I think ur wife is very lucky. Other wise she might suffer a lot even if they accepted to continue work in these days. These days r very important to women. No need to think of job. She can get better than this. First of all you have to give moral support to her. The thoughts and deeds what ever a women do while carrying will affect on baby. I think ur baby is more important to u than job. Think twice. But don't think too much. Give a peaceful life to ur baby in the womb. Taking right decision is up to you. Rationalize and take right step.
Each company follows certain normal policies these kind policies also there which supports her in this issue. You can approach the CEO or responding delegates of that company.
Peer suggested very well

From India, Hyderabad
Not Relevant But will add some points,
Please click the link.
https://www.citehr.com/351175-money-...es-giving.html

From India, Coimbatore
Its just a matter of coincidence that your wife started her journey of Motherhood at the same time when she was on the verge of starting a new innings.
Under the circumstances, to hell with the job, the family comes first.
Consider this time as a heaven sent opportunity to help you take good care of your wife during her pregancy.
Jobs will come aplenty later when your wife is ready for it.
Best Wishes,
Vasant Nair

From India, Mumbai
Rajeev,

I think we should be careful when we make such suggestions as it can cause more problems. Please tell me what difference will writing to CEO or NCW make ? You think MCW will force a company to give a job to a person who is not going to be able to work for the first 4 months and then take leave for another 3 months soon thereafter ? Which business will be willing to take such a cost ? Will you ?

Its a small community after all. The news of her approaching NWC for enforcing a job will not stay a secret and its very much possible that she will be blacklisted and denied jobs by large software company in future.

We have equal opportunity regulations. But that is for equality of pay and nondiscrimination in recruitment. It does not mean you have to give a job to a woman not fit to take / do it. There is no automatic right to a job. This is not a communist country. You will get a job if it fits you and if the company wants you. In this case, they don't want you.

As one of our colleagues here said, you expect the company to pay you full salary for half work and then have someone else take up the balance of your work since it needs to be done ? You expect someone else to suffer so that you can do half a job ?

The purpose of Original Post (which i missed and someone pointed out) was that he wanted a remedy for his wife being upset with HR's rudeness and words. And perhaps a missed opportunity of working with an organization you have been trying hard to get into. I don't think he wanted the money or to get into the job immediately.

If you were asking her to write to the CEO for to put forward that his HR people were unnecessarily rude and insulting, it would be a different matter. But to call about enforcing a job is a different matter :-)


From India, Mumbai
Hello rk5944,
saswatabanerjee is right in pointing out the difference in fixing of your priorities.
What's it that your wife [and consequently you] is sad about? There are at least 4 ways/angles of looking @ the wording you used in your initial posting [.........very sad after this instance. I can't see her sad.....]:
1] That a good MNC job just slipped out of her hands & she repents that the pregnancy has come @ the wrong time?
2] That the HR behaved rudely with her in doing what they did?
3] That the HR's action was illegal?
4] That she has lost a good earning for many months due to this situation?
Unless YOU clarify, you are leaving the field wide-open to everyone to make his/her own assumptions & give suggestions--some of which may be far away from your actual reasons. In fact, many have already made a couple of common assumptions & given their views.
Even if none of the views accurately portray your ACTUAL causes & hurt your feelings, PL DO NOT BLAME THEM.
I suggest clarify the causes from your end so that the right suggestions can come from the members.
Rgds,
TS

From India, Hyderabad
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