Dear All,
As every body said, the pregnancy should not be the criteria for rejecting the candidature. There is no law also which says pregnancy at the time of joining is a disqualification.
But still any employer rejects the candidature on this ground, what one can do? Discussion on this question can be an interesting one.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
2555As every body said, the pregnancy should not be the criteria for rejecting the candidature. There is no law also which says pregnancy at the time of joining is a disqualification.
But still any employer rejects the candidature on this ground, what one can do? Discussion on this question can be an interesting one.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
Motherhood is not a medical disqualification for a job more so ina public sector undertaking like SBI who is considered as model employer. As it is only one month since she is pregnant, she can very well join duty subject to medical advice. All the best.
B.Saikumar
HR & labour Law Advisor
mumbia
From India, Mumbai
B.Saikumar
HR & labour Law Advisor
mumbia
From India, Mumbai
Dear Saikumar ji,
I do agree with you and every body said the same thing. I also say the same thing. But, Jointing the new employment is not in hands of candidate.
Suppose I am the employer and I reject the candidature on the ground she is pregnant. Even I give a reson of rejection, what you can do? I invite discussions on this question. According to me, there is no protection by law to pregnant woman from rejection of her candidature for new employment.
Thanks and regards.
Kashav Korgaonkar
www. Shantadurgaent.com
From India, Mumbai
I do agree with you and every body said the same thing. I also say the same thing. But, Jointing the new employment is not in hands of candidate.
Suppose I am the employer and I reject the candidature on the ground she is pregnant. Even I give a reson of rejection, what you can do? I invite discussions on this question. According to me, there is no protection by law to pregnant woman from rejection of her candidature for new employment.
Thanks and regards.
Kashav Korgaonkar
www. Shantadurgaent.com
From India, Mumbai
Yes its correct that she cannot be rejected on grounds of pregnancy, but the maternity leave cannot be said for granted since she will be on probation for certain period depending on the grade she is joiningn clerk or PO or management trainee and there is no paid leave during probation.
From India, Nagpur
From India, Nagpur
Hi, along with that, Can any one explain on Pregnancy Benefits. How many months of leave can avail a Pregnant woman? and how will be the pay structure in IT firms.
From India, Hyderabad
From India, Hyderabad
Dear Aami,
Companies do check-up of shortlisted candidates to check whether they suffer with any severe disease. In routine this tests do not confirm pregnancy because that is completely different test. Mrs. Das has cleared when company is bound to give maternity benefits.
Pregnancy issue will not affect selection process in esteem organisation like SBI. So ask your friend to be happy.
Regards,
Aniruddha Jadhav
A.M Legal,
Glenmark Pharmaceuticals Ltd.
From India, Mumbai
Companies do check-up of shortlisted candidates to check whether they suffer with any severe disease. In routine this tests do not confirm pregnancy because that is completely different test. Mrs. Das has cleared when company is bound to give maternity benefits.
Pregnancy issue will not affect selection process in esteem organisation like SBI. So ask your friend to be happy.
Regards,
Aniruddha Jadhav
A.M Legal,
Glenmark Pharmaceuticals Ltd.
From India, Mumbai
Dear Aami,
Here is the legal position on this query:-
The Law governing this situation is maternity benefit act. the act has only one condition when you cannot engage a woman in your establishment which is given under section 4 of the act, also reproduced below.
"4. Employment of or work by, women prohibited during certain periods.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be—
(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6."
Which is no case with your friend. However the same can be a deterrent if given under the service rules. The same also confirmed by one member that there is no such rule in the service conditions also.
So ask your friend to chill and gear up for new phase of her life.
From India, New Delhi
Here is the legal position on this query:-
The Law governing this situation is maternity benefit act. the act has only one condition when you cannot engage a woman in your establishment which is given under section 4 of the act, also reproduced below.
"4. Employment of or work by, women prohibited during certain periods.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be—
(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6."
Which is no case with your friend. However the same can be a deterrent if given under the service rules. The same also confirmed by one member that there is no such rule in the service conditions also.
So ask your friend to chill and gear up for new phase of her life.
From India, New Delhi
Dear No..., Pregnancy is not a disease and it is not permanent cause. so, rejection is not question....
From India, Bangalore
From India, Bangalore
Dear Aami,
Pregnancy is not a medical condition leading to rejection.This will make your friend \'Temporarily\'ineligible. She will be given sufficient time to join after delivery,subject to medical fitness at that time .
Satjit singh
From India, Chandigarh
Pregnancy is not a medical condition leading to rejection.This will make your friend \'Temporarily\'ineligible. She will be given sufficient time to join after delivery,subject to medical fitness at that time .
Satjit singh
From India, Chandigarh
Dear Kashav Ji
Assuming that the ground for rejection of a candiadte is solely pregnanacy,more so by a model employer like a public sector bank, the woman candiadte, in my view, has a case on hand from the point of view of law.In fact, as one member has rightly said that a pregnant woman has protection of law in the form of Maternity Bnefit Act 1961 which incorporates various provisions that protects the rights of a woman during her employment. I need not elaborate on it as it is well known and the said memeber has repeated it in this discussion for ready reference. Further where a wily employer considers pregnanacy as a medically unfit condition, and wants to terminate her servcies, Sec. 12 of the Maternity bnefit act puts an embargo on such termination. Thus the whole spirit of the Act is to protect the employment of woman but not to expose her to any risk of loosing her job on grounds of pregnanacy. It being so, the employer's action of rejection will be called in question being violative of Art.14 of the constitution which guarantees equality before law and equal protection of laws and Art.20 and 21 which guarantees right tol ife and to earn livelihood. A woman need not resign to her fate in such cases.
B.Saikumar
Mumbai
From India, Mumbai
Assuming that the ground for rejection of a candiadte is solely pregnanacy,more so by a model employer like a public sector bank, the woman candiadte, in my view, has a case on hand from the point of view of law.In fact, as one member has rightly said that a pregnant woman has protection of law in the form of Maternity Bnefit Act 1961 which incorporates various provisions that protects the rights of a woman during her employment. I need not elaborate on it as it is well known and the said memeber has repeated it in this discussion for ready reference. Further where a wily employer considers pregnanacy as a medically unfit condition, and wants to terminate her servcies, Sec. 12 of the Maternity bnefit act puts an embargo on such termination. Thus the whole spirit of the Act is to protect the employment of woman but not to expose her to any risk of loosing her job on grounds of pregnanacy. It being so, the employer's action of rejection will be called in question being violative of Art.14 of the constitution which guarantees equality before law and equal protection of laws and Art.20 and 21 which guarantees right tol ife and to earn livelihood. A woman need not resign to her fate in such cases.
B.Saikumar
Mumbai
From India, Mumbai
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