Ms. Anjali Verma, a dedicated employee at a tech firm named “Innovate Forward Technologies” in the city of Nagpur, found herself in a deeply troubling situation. Shortly after she joyfully shared the news of her pregnancy with her management, the workplace atmosphere turned hostile. She began facing undue pressure, was assigned unreasonable tasks, and received unwarranted criticism, all seemingly aimed at coercing her into resigning. This systematic harassment caused her immense mental anguish during a time that should have been one of happiness and anticipation.
Advice in such cases
Do Not Resign: Under no circumstances should you resign voluntarily. Resigning weakens your legal position, as the company can claim you left of your own accord. Forcing an employee to resign under duress is known as constructive dismissal and is illegal.
Document Everything: Keep a detailed record of every incident of harassment or pressure. Note down the date, time, people involved, and what was said or done. Preserve all written communications, including emails, text messages, and internal chat logs.
Communicate in Writing: Try to have all important conversations regarding your work and pregnancy-related matters over email. This creates a digital paper trail that can serve as evidence.
Internal Complaint: Check your company’s HR policies. Most companies have an internal grievance redressal mechanism. File a formal written complaint with the Human Resources department or the designated internal committee, detailing the harassment you are facing.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
Such actions by an employer are a direct violation of several Indian laws designed to protect the rights of working women.
The Maternity Benefit Act, 1961: This is the primary legislation protecting pregnant employees. Section 12 of the Act explicitly states that it is unlawful for an employer to dismiss or discharge a woman during her pregnancy. Any such dismissal can be declared null and void.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: While the primary purpose is to address sexual harassment, creating a hostile or intimidating work environment due to pregnancy can also be brought under the purview of this Act, as it constitutes discriminatory and unfair treatment.
Bharatiya Nyaya Sanhita, 2023 (BNS): If the harassment involves threats or intimidation, relevant sections of the BNS, such as Section 350 for Criminal Intimidation, could potentially be invoked, although this is less common and reserved for severe cases.
If you are the complainant
Gather All Evidence: Systematically collect all documents, emails, messages, and records of harassment. If possible, identify colleagues who can act as witnesses to the behavior you have been subjected to.
Send a Legal Notice: Through your lawyer, you can send a formal legal notice to the company. This notice will outline your grievances, cite the violation of your legal rights under the Maternity Benefit Act, and demand that the harassment cease immediately.
File a Complaint with the Labour Commissioner: You can file a formal complaint with the Inspector appointed under the Maternity Benefit Act or the Labour Commissioner of your area. They are empowered to investigate the matter and take action against the employer.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
Prioritize Your Health: The stress from such a situation can be harmful to both you and your baby. Seek support from family, friends, or a mental health professional. Your well-being is the top priority.
Maintain Professionalism: Continue to perform your duties to the best of your ability. Do not give the employer any legitimate reason to take action against you for non-performance.
Seek Medical Documentation: If the stress is affecting your health, get it documented by your doctor. This can serve as additional evidence of the impact of the hostile work environment.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
Generally, maternity discrimination is a matter for the labour courts and not the police. The police will not register an FIR for a violation of the Maternity Benefit Act. Their involvement would only be warranted if the harassment escalates to a criminal offense like criminal intimidation (threats to life or property), assault, or other offenses under the Bharatiya Nyaya Sanhita (BNS). In most scenarios, the police will advise you to approach the Labour Commissioner or a lawyer specializing in employment law.
FAQs people normally have
Can my company fire me right after I announce my pregnancy?
No. Section 12 of the Maternity Benefit Act, 1961, makes it illegal for an employer to dismiss an employee on account of her pregnancy.What if they don’t fire me but just make my work life impossible?
This is called constructive dismissal. If you can prove that the work environment was made intentionally hostile to force you to resign, it is treated as an illegal termination, and you can take legal action.Can I still take action if I already resigned under pressure?
Yes, you can still file a case, but it becomes more difficult. You will have the burden of proving that your resignation was not voluntary but was a result of coercion and a hostile environment created by the employer. It is always advisable not to resign.Is my company required to pay me during my maternity leave?
Yes, if you have worked for the employer for at least 80 days in the 12 months preceding your expected date of delivery, you are entitled to fully paid maternity leave for 26 weeks.
What evidence is required?
Strong evidence is key to winning such a case. The following are crucial:
All written communication, including emails, official letters, and text/WhatsApp messages related to the harassment.
Your employment contract and any HR policy documents.
Performance reviews before and after your pregnancy announcement to show a sudden, unjustified change in feedback.
A personal diary or log of all incidents of verbal harassment or pressure.
Statements from colleagues who are willing to testify as witnesses.
Medical documents confirming your pregnancy and any health issues caused by work-related stress.
How long will the investigation take?
The timeline can vary significantly based on the path you choose:
Internal Complaint: An internal committee is usually required to complete its inquiry within 90 days.
Complaint to Labour Commissioner: This process can take several months, involving notices to the employer, hearings, and an investigation.
Court Case: If the matter goes to a labour court or another court, it can be a lengthy process, potentially taking a year or more to reach a final decision, depending on the complexity of the case and the court’s schedule.
Advocate Sudhir Rao, Supreme Court of India