I am six months pregnant and have been working in a BPO for an international process. In this process, clients' quality checks are rare but of a very high standard. Agents are often removed if a call goes awry. Can my workplace fire me after I inform them that I am pregnant, citing the client's quality performance as not up to the mark?
I am also in line for a promotion, which I am trained for and fully prepared, but it will officially be handed over in 3 months. However, by that time, I will be on maternity leave. Can I lose that promotion, which hasn't been guaranteed in writing but is in the process of approval?
What would be the right way and time to inform my workplace of my pregnancy, keeping all this in mind?
PS: My manager had an ego clash with me once, so she keeps finding ways to burden me with more work. This is the primary reason why I worry she might find something to use against me, although in the past 1.5 years, she hasn't been able to do so.
From India, Delhi
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I am also in line for a promotion, which I am trained for and fully prepared, but it will officially be handed over in 3 months. However, by that time, I will be on maternity leave. Can I lose that promotion, which hasn't been guaranteed in writing but is in the process of approval?
What would be the right way and time to inform my workplace of my pregnancy, keeping all this in mind?
PS: My manager had an ego clash with me once, so she keeps finding ways to burden me with more work. This is the primary reason why I worry she might find something to use against me, although in the past 1.5 years, she hasn't been able to do so.
From India, Delhi
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The employer cannot terminate you from service during the receipt of maternity benefits. But if there is any misconduct on your part, and based on that misconduct the management has conducted an inquiry and subsequently terminated you, the same will be enforceable. A customer making a negative review about one's performance or poor performance followed by dereliction or negligence is a gross misconduct warranting disciplinary action against the employee. Therefore, if the employer can charge sheet you properly, he can dismiss you from service. Solid evidence is required for that.
When it comes to promotion, I would say that the law will not protect an employee unless there is a promotion policy in the certified standing orders. If you remain on leave for six months, naturally, the employer can deny promotion or extend the promotion. He can offer the promotion after evaluating your performance for at least six months or even one year post-leave. Of course, if the promotion is one of the service conditions mentioned in your appointment order, then the same should be given to you, and failure to give it will attract section 12(1) of the Maternity Benefits Act, which says that "it shall be unlawful to discharge or dismiss her during or on account of such absence, or to vary to her disadvantage any of the conditions of her service." However, I don't think that in private companies, promotion is a service condition in the appointment order.
I think that you should not hesitate to reveal the pregnancy. If you reveal it after you have gained a promotion, it will only make the employer more hostile.
From India, Kannur
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4758When it comes to promotion, I would say that the law will not protect an employee unless there is a promotion policy in the certified standing orders. If you remain on leave for six months, naturally, the employer can deny promotion or extend the promotion. He can offer the promotion after evaluating your performance for at least six months or even one year post-leave. Of course, if the promotion is one of the service conditions mentioned in your appointment order, then the same should be given to you, and failure to give it will attract section 12(1) of the Maternity Benefits Act, which says that "it shall be unlawful to discharge or dismiss her during or on account of such absence, or to vary to her disadvantage any of the conditions of her service." However, I don't think that in private companies, promotion is a service condition in the appointment order.
I think that you should not hesitate to reveal the pregnancy. If you reveal it after you have gained a promotion, it will only make the employer more hostile.
From India, Kannur
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Maternity Leave Policy - posting.doc
Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Ashok Pal
Correct suggestion.