Gratuity and maternity

Querist : Anonymous (Querist) 25 June 2022 This query is : Resolved
I am 18 weeks pregnant and working in a private engineering college. I will complete 5 years on 23 July 2022. My Hod pressurising me to resign before my 5 years because they have to pay gratuity after completing 5years. They won’t to pay. He said that he will terminate me just because I am pregnant and can’t able to do 3 hours standing examination duty. I tried everything but he is pressuring me. What should I do? Can he terminate me in pregnancy? I want to complete my 5 years. What rights I have?

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Quick Summary

An employee facing pressure from their employer to resign before completing five years of service, which would make them eligible for gratuity, is seeking advice. The employer is citing pregnancy and inability to perform duties as reasons. Legal advice suggests that the employee is already eligible for gratuity and cannot be terminated solely on the grounds of pregnancy. The employer's actions are considered unethical, and the employee is advised to consult the Maternity Benefits Act and potentially report the matter to relevant commissions.

kavksatyanarayana (Expert) 25 June 2022
You have completed 4 years and 240 days and hence you are eligible to get gratuity.

Pradipta Nath (Expert) 26 June 2022
You are already eligible for gratuity. Further I doubt on the future and HR policy of your college, it's not to retain but to make employees slave!

Dr J C Vashista (Expert) 26 June 2022
I agree with the opinion and expert advise of Mr. Kavksatyanarayana and Mr. Pradipta Nath, you have already become eligible for gratuity in terms of Section 2A of Payment of Gratuity Act, 1972

Advocate Bhartesh goyal (Expert) 26 June 2022
If you have completed 4 years and 8 months services or more continously under same employment then you are eligible for gratuity. Legally you can't be terminated on said ground.

P. Venu (Expert) 28 June 2022
You cannot be terminated except in accordance with the due process i.e. framing charges as to the alleged dereliction of duty and after hearing you. As to resignation, it is at your discretion. Compelling an employee to resign is unethical and you have the option to bring matters to the notice of the Human Rights Commission, Women's Commission, the University etc.

Sudhir Kumar, Advocate (Expert) 04 December 2022
Can he terminate me in pregnancy?

NO

I want to complete my 5 years. What rights I have?

Read Maternity Benefits Act.

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