Dear mates, I just have a query as our direct wants to discontinue with a lady who is pregnant and also have hired a replacement when she was on medical leave kindly guide me what can be done as he is a lawyer himself. Looking forward for advice on this.
Thanks and Regard,
Priyanka

From India, New Delhi
1. What is strength of your organization? 2. Does ESI / MB Act applicable to your organization? 3. Why director want to get rid off the pregnant lady?
From India, Pune
What are the reasons for the termination? What are the circumstances that the termination is being done? Also, if he is a lawyer himself, he knows, the law. So give the complete picture for members to give you any advice.
From India, Mumbai
Discontinuation of an employee whether she is pregnant or not, should follow fair procedures.
She should not get terminated only not based on the grounds that she is pregnant and she is about to take maternity leave. It is offense as per MB Act.
But, no employee can evade or escape from genuine management action towards their non performance, misconduct etc., because they are pregnant.
All the action to be well documented with performance reports, communications, corrective actions taken, training records and so on.

From India, Chennai
Dear Friend
you have not mentioned the reasons for such action. Is it because she is pregnant and you do not wish to pay her for 6 months and give leave?
If that is the reason, then it is immoral & inhuman.
Your Director's whims should be contained by reasons and rationale. Please explain to him. Being advocate does not exonerate him.
Bharat Gera
HR Consultant

From India, Thane
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