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Can a company fire a employee when pregnant

(Querist) 28 October 2017 This query is : Resolved 
I have a query that can a company terminate the employee with any reason when she is pregnant.
What can a female do when company terminate/fire when she is pregnant.
Parul (Querist) 28 October 2017
Please answer
Parul (Querist) 28 October 2017
Please answer
Guest (Expert) 28 October 2017
Mr. Parul,

Answer can be both, yes and no also, as your query is quite incomplete.

First of all, you have not mentioned in what way you have any concern with the case.

Secondly, you have not discussed proper background of the case.

Thirdly, how do you assume that the experts would be able to assume whether the pregnant lady has duly completed or not the formality of intimation of her pregnancy to the company.

Parul (Querist) 28 October 2017
What formalities are required for a pregnant women to inform the company.
Please advice.
My question is can a company fire a pregnant women giving any xyz reason in order to save their maternity benefit from the lady.
Parul (Querist) 28 October 2017
Please advice.
SHIRISH PAWAR, 7738990900 (Expert) 28 October 2017
No. Company cannot fire a pregnant employer. Moreover they are under legal obligation to provide the maternity benefits to the pregnant lady. Now a days companies in order to avoid to give maternity benefits ask the employee to give resignation which is abuse of process of law. There has to awareness among lady employees.
Parul (Querist) 28 October 2017
Thanks for the answer.if a company give any reason and ask the lady to leave the organisation,then what actions can a pregnant lady take.
And also is it mandatory for a lady to inform about his pregnancy before.if yes,then how much time before should a lady should inform to the company.please suggest.
Parul (Querist) 28 October 2017
Please suggest.
Parul (Querist) 28 October 2017
Please suggest.
Rajendra K Goyal (Expert) 28 October 2017
Company can not terminate a woman only due to the reason she is pregnant. She can be terminated due to any other reason like indiscipline, unauthorized absence etc.
Parul (Querist) 28 October 2017
Company would obviously won't state a reason of pregnancy and can give any reason ..xyz..in order to save maternity benefits.my question is this only can company give any reason during pregnancy period and fire the employee.how a women can save herself from such false allegations.
Guest (Expert) 28 October 2017
Assumption of the experts is not understood whether the company is aware of the incidence of the pregnancy of the woman.

Mr. Parul seems to have willfully avoided to reply my questions about his concern with the problem and whether the company has formally been made aware of the pregnancy of the woman. That clearly gives and impression that his query is of an academic nature.

He has also not given any case history, including whether the employee has already been fired or is still in service.
Guest (Expert) 28 October 2017
Mr. Jigyasu,

Why do you bother, if the academic query of the author is going to be solved by the expert Mr. Shirish Pawar and Mr. Rajendra K Goyal. They must be aware of the fact that the company is well aware about the pregnancy of the woman employee.

Rajendra K Goyal (Expert) 28 October 2017
If company terminates due to XYZ reason, the reason has to be justified and due procedure has to be followed. Pregnancy is not an excuse to avoid disciplinary proceedings which is on other XYZ grounds than pregnancy.
Guest (Expert) 28 October 2017
Mr. Dhingra,

No problem for me. I do not bother in any way, but the concern is how the experts do not bother to know the background of the case before they start posting their reply merely on hit & trial method and do not like to demonstrate their real expertise on the subject matter.

Anyway, best of luck for the querist, if he can get satisfied with the partial knowledge.

Guest (Expert) 28 October 2017
I notice another vague reply on hit and trial basis on the part of Mr. Rajendra K Goyal.

Now my question to Mr. Rajendra K Goyal for his reply on his statement, "Pregnancy is not an excuse to avoid disciplinary proceedings which is on other XYZ grounds than pregnancy," is:

"Can the company fire the employee during her pregnancy on the basis of disciplinary proceedings, if the company has already been formally informed about her pregnancy?"

Guest (Expert) 28 October 2017
Mr. Jigyasu,

Why do you want to test the knowledge of Shri Rajendra K Goyal on the issue of maternity benefits? How can you get benefited if he replies your question. It is for the querist to see, if his purpose has been served or not.

Parul (Querist) 28 October 2017
Company is not informed about the pregnancy.i m asking when a lady should inform the organisation.please answer.
Company would obviously won't state a reason of pregnancy and can give any reason ..xyz..in order to save maternity benefits.my question is this only can company give any reason during pregnancy period and fire the employee.how a women can save herself from such false allegations.please answer my question.
Parul (Querist) 28 October 2017
Company is not informed about the pregnancy.i m asking when a lady should inform the organisation.please answer.
Company would obviously won't state a reason of pregnancy and can give any reason ..xyz..in order to save maternity benefits.my question is this only can company give any reason during pregnancy period and fire the employee.how a women can save herself from such false allegations.please answer my question.
Parul (Querist) 28 October 2017
Company is not informed about the pregnancy.i m asking when a lady should inform the organisation.please answer.
Company would obviously won't state a reason of pregnancy and can give any reason ..xyz..in order to save maternity benefits.my question is this only can company give any reason during pregnancy period and fire the employee.how a women can save herself from such false allegations.please answer my question.
Parul (Querist) 29 October 2017
Please reply.this is really urgent.
Parul (Querist) 29 October 2017
Please advise.
Parul (Querist) 01 November 2017
Please answer.where all experts have gone.

Please let me know, what details are required in the matter,so I can provide the same.

This is really urgent.please guide me the right direction and steps.

Thanks in advance.
Kumar Doab (Expert) 02 November 2017
In title and posts you have mentioned about Termination ( To terminate upon knowing that woman employee is pregnant), to fire that is another word for Termination.
You have also mentioned Termination on false allegations…………Even if the employee is not woman and even if woman and not pregnant or woman and pregnant, employer cannot Terminate on false allegations……Such Termination order would be a bad order. Employee can approach the appropriate Forum.
Kumar Doab (Expert) 02 November 2017
The employer cannot terminate during Maternity benefit period. If IT does; Complaint can be lodged with Inspectorate, appropriate govt, as provided for in the Act.
By termination during Maternity benefit period employer may not escape from intended unfair to escape from payment of Maternity Benefits , that too on false grounds …….
Kumar Doab (Expert) 02 November 2017
Employee can inform pregnancy while applying for Maternity Benefits.
If employee has duly intimated in office it should suffice for attorney’s of employer in HR/Admin etc to send requisite forms if any to employee for maternity benefits….o release the maternity benefits per provisions of the Act or per IT’s policy if the said policy provides for superior benefits………..
Mr. Shirish Pawar and Mr. Rajendra K Goyal have duly responded to your query.

Your queries have duly been addressed.
Kumar Doab (Expert) 02 November 2017
IT=@PSD i.e. entity in 4,13,14,16,17,18th posts is playing match from one fake ID with another fake ID..................In one fake ID IT=@PSD has changed picture; that all.
The content remains good for nothing.
Guest (Expert) 02 November 2017
Good excuse for playing a number game by a fake expert Mr. Kumar Doab. He got the opportunity to post 4 vague posts in order to play merely a number game.

He uses the term "IT=@PSD", but even on asking several times through several experts, he never clarified what does that means and what for he uses that term.
Ms.Usha Kapoor (Expert) 17 June 2018
I agree with experts.


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