Compensation for the duration of pregnancy after forced resign

shikha (Querist) 11 January 2015 This query is : Resolved
Hello All
Greetings....
M working in a Clinical Research Organisation which is a limited company
Recently my company asked to resign to more than 80 % employees saying that company is going to shut down. Otherwise they will terminate us. On resignation company is paying three months CTC and on termination company will pay 2 months basic plus HRA. All the employee asked to resign has been resigned.

In my case m pregnant and I refused to resign and asked them to give me compensation for my pregnancy duration coz in this situation I cannot get any job. They refused to give any compensation except 3 month CTC. At that time I asked for one day time to think about it that I should resign or not. But they refused for time and they said that either resign now or they will terminate me on same day. I resigned bcoz I was so stressed. Along with me more than 30 employees has resigned. And then they give us our full and final. They gave relieving letter of later date ( 2 months later of the date of resignation)
Now can I get compensation for my pregnancy duration? Is there any chance to get compensation on the ground of forced resignation.

Please advice me that what should I do?? Bcoz now I cannot get job and I will be unemployed for around one year.

Thanks in Advance

Follow Query

Report Abuse

Kumar Doab (Expert) 11 January 2015
Forced resignation can be termed deemed termination.........although the onus to prove may fall upon you.
Extracting resignation by force is offence.

Did you inform the company of pregnancy in writing, or in office?

The company has to supply the requisite forms to employee if any to submit the claim.

The Maternity Benefit period as per Maternity Benefit Act is 6 weeks before expected date of pregnancy and 6 weeks after pregnancy delivery during which employer can not terminate.........

The Maternity Benefit for period before pregnancy delivery has to be supplied in advance.
The Act is available on website of Dept. Of labor of state and you can download thru Google also...

To claim the benefit you may approach the Inspector appointed under the Act (state/Central as per appropriate Govt. in your case) and local o/o Labor Commissioner can guide you.......