Legal actions that can be taken if an Indian company terminates a Pregnant Woman
In any case a company cannot terminate a women if she is pregnant. Pregnancy is a natural process and no one has been a right to terminate a lady if she has only asked advice on the maternity benefit policies in a company.
As per Article 14, Right to equality and Article 21 - Right to Life , every female has a right to continue with her services along with paid maternity leaves. But in case of contractual based service, some companies are taking undue advantage of exploiting the condition of a pregnant lady.
The act done by the company has not only violated the fundamental rights but as violated many rights as mentioned below:
1. Human rights - Human rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India as stated in section 2(d) of human rights act 1993.
2. Violation of right guaranteed under Maternity benefit act
3. Violation of right guaranteed under Industrial Disputes Act, Factories Act
Illegal termination of contract and thereby violating the right under contract
STEP 1: Write a letter to human rights commission with enclosure of employment letter and termination letter ( stating the complete detailed unjust act along with dates). Human Rights Commission would recommend the government to take strict action against the Company. Keep CC to Ministry of Corporate Affairs, in order to show the unethical practices carried out by that Private Ltd. Co. because in any case it will be listed in the website of MCA.
STEP 2: File a civil suit alleging illegal termination of contract, court will grant compensation.
STEP 3: File simultaneously a private complaint ( directly) to Judicial Magistrate First Class for harassment and violation of human rights as well as right to freedom of occupation under Article 19 of Indian constitution, also violation of Article 21.
STEP 4: Go to Labour office and meet Chief Labour Commissioner or Assistant or Additional Labour Commissioner and state your grievance.
STEP 5: Meet the inspectors notified in a gazette under Maternity Benefit Act as every district has labour office, find the notified “ inspector” of Maternity Benefit Act, 1963.
Raise your voice against injustice, then only you will get remedy and peace.
Gandhi has stated
“ ANYAY KARNE WALE SE BADA DOSHI ANYAY SEHNE WALA HOTA HAI”
Read Maternity Benefit Act
Go through the website of Labour welfare
Ministry of Labour & Employment
But here is something different situation where Maternity Benefit Act will not come into picture because section 12 of Maternity Benefit Act only states about Dismissal during absence of pregnancy. This absence will come only when she avails that benefit.
As per amended act of 2016, claim of absence would be claimed 8 weeks before expected delivery. to avail this benefit, one must have attendance of 80 days in a year.
2 (S) of Industrial Disputes Act
workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute.
As per Article 14, Right to equality and Article 21 - Right to Life , every female has a right to continue with her services along with paid maternity leaves. But in case of contractual based service, some companies are taking undue advantage of exploiting the condition of a pregnant lady.
The act done by the company has not only violated the fundamental rights but as violated many rights as mentioned below:
1. Human rights - Human rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India as stated in section 2(d) of human rights act 1993.
2. Violation of right guaranteed under Maternity benefit act
3. Violation of right guaranteed under Industrial Disputes Act, Factories Act
Illegal termination of contract and thereby violating the right under contract
STEP 1: Write a letter to human rights commission with enclosure of employment letter and termination letter ( stating the complete detailed unjust act along with dates). Human Rights Commission would recommend the government to take strict action against the Company. Keep CC to Ministry of Corporate Affairs, in order to show the unethical practices carried out by that Private Ltd. Co. because in any case it will be listed in the website of MCA.
STEP 2: File a civil suit alleging illegal termination of contract, court will grant compensation.
STEP 3: File simultaneously a private complaint ( directly) to Judicial Magistrate First Class for harassment and violation of human rights as well as right to freedom of occupation under Article 19 of Indian constitution, also violation of Article 21.
STEP 4: Go to Labour office and meet Chief Labour Commissioner or Assistant or Additional Labour Commissioner and state your grievance.
STEP 5: Meet the inspectors notified in a gazette under Maternity Benefit Act as every district has labour office, find the notified “ inspector” of Maternity Benefit Act, 1963.
Raise your voice against injustice, then only you will get remedy and peace.
Gandhi has stated
“ ANYAY KARNE WALE SE BADA DOSHI ANYAY SEHNE WALA HOTA HAI”
Read Maternity Benefit Act
Go through the website of Labour welfare
Ministry of Labour & Employment
But here is something different situation where Maternity Benefit Act will not come into picture because section 12 of Maternity Benefit Act only states about Dismissal during absence of pregnancy. This absence will come only when she avails that benefit.
As per amended act of 2016, claim of absence would be claimed 8 weeks before expected delivery. to avail this benefit, one must have attendance of 80 days in a year.
2 (S) of Industrial Disputes Act
workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute.
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