If you are stuck in such a situation, here is what to do.

Ms. Anjali Verma’s situation is a distressing but unfortunately common issue faced by many working women in India. She joined a reputed firm, “Apex Dynamics Ltd.,” in the city of Chandpur this past March, taking on a demanding sales role that required significant fieldwork. A few weeks ago, she was overjoyed to learn she was pregnant. However, her professional life took a sharp downturn shortly after. Last Tuesday, her manager, Mr. Rajesh Singh, called her into his office unexpectedly. He meticulously went through every single one of her sales leads and then abruptly informed her that the company could not “continue this professional relationship” and that she would soon receive a termination notice from the HR department.

Shocked, Ms. Verma disclosed her pregnancy, explaining how difficult this would be for her. Mr. Singh callously dismissed her concern, stating, “Personal life is nowhere related to professional life, and the decision is final.” Soon after, HR contacted her, pressuring her to resign. Mr. Singh reinforced this, harassing her by threatening that a termination on her record would create problems in securing future employment. Ms. Verma stood her ground and refused to resign. The confrontation escalated, with her manager insulting her in the office. Overwhelmed and distressed, she broke down, begging for some consideration, but he remained unmoved, declaring that her last day had already been decided. She is now left in a state of confusion and emotional turmoil, unsure of her next steps.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act calmly and strategically. The law is on your side, but your initial actions can significantly impact the outcome.

• Do Not Resign: Under no circumstances should you submit your resignation. Forcing an employee to resign is known as constructive dismissal, and it is illegal. Resigning voluntarily will weaken your legal position significantly.
• Document Everything: Create a detailed record of all events. Note down the dates, times, locations, and specifics of conversations with your manager and HR. If there were any witnesses to the harassment, note their names as well.
• Communicate in Writing: From this point forward, try to have all communication with your manager and HR in writing, preferably via email. Send a formal email summarizing the conversation where you were asked to resign and your refusal. Clearly state that you were informed of your termination after you disclosed your pregnancy, which is illegal under Indian law. This creates a paper trail.
• Gather Your Documents: Collect all your employment-related documents, such as your appointment letter, any performance appraisals, salary slips, and company policy documents, especially those related to maternity leave and termination.
• Consult with Lawyer: 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

Several laws in India protect the rights of pregnant employees. Understanding them is the first step toward seeking justice.

• The Maternity Benefit Act, 1961: This is the primary legislation protecting your rights. Section 12 of this Act explicitly states that it is unlawful for an employer to dismiss, discharge, or vary the conditions of service to the disadvantage of a pregnant woman during her absence due to pregnancy. Any dismissal or discharge on account of pregnancy is illegal.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): The manager’s act of insulting, harassing, and causing emotional distress could potentially be considered a form of workplace harassment. Creating a hostile and intimidating environment falls within the ambit of this Act.
• The Industrial Disputes Act, 1947: Forcing an employee to resign can be challenged as wrongful termination or retrenchment under this Act, entitling you to legal recourse and potential compensation.

If you are the complainant

As the person against whom the injustice has been done, you are the complainant. You have several avenues to pursue your case.

• Send a Legal Notice: Your first formal step, usually after legal consultation, is to have your lawyer send a legal notice to the company. The notice will detail the illegal actions of the manager and HR, cite the relevant laws being violated, and demand your reinstatement and an apology, along with any other relief.
• File a Complaint with the Labour Commissioner: You can file a formal complaint with the Labour Commissioner or an Inspector appointed under the Maternity Benefit Act. They have the authority to investigate the matter and pass orders for your reinstatement and payment of benefits.
• Approach the Labour Court/Industrial Tribunal: If the matter is not resolved, you can file a case in the Labour Court or Industrial Tribunal, challenging the illegal termination.
• Complaint under the POSH Act: If the harassment element is strong, you can also file a complaint with your company’s Internal Complaints Committee (ICC). If the company does not have one, you can approach the Local Complaints Committee (LCC) constituted by the District Officer.
• Consult with Lawyer: 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

Being a victim of such corporate bullying can be emotionally draining. It’s important to protect your mental well-being while taking firm steps.

• Stay Strong and Composed: Do not give in to pressure or emotional blackmail. Remember that the law protects you. Your calm and firm refusal to resign is your biggest strength at this stage.
• Seek Support: Talk to your family, spouse, or trusted friends about the situation. Emotional support is crucial during this stressful time.
• Focus on Evidence: While you are still technically an employee, save copies of all relevant emails and documents to a personal device or cloud storage. If possible, get contact information of colleagues who may have witnessed the incident.
• Medical Documentation: Ensure you have all medical documents confirming your pregnancy. This will be a key piece of evidence.
• Consult with Lawyer: 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

Typically, this is a civil or labour dispute, and the police do not have direct jurisdiction over matters of employment termination. If you approach a police station, they will likely advise you to go to the Labour Court or contact the Labour Commissioner. However, police involvement becomes relevant if there is a criminal element. For instance, if the manager’s threat about ruining your future career prospects amounts to criminal intimidation, a police complaint could be filed under Section 351 of the Bharatiya Nyaya Sanhita (BNS). Similarly, if the harassment involves physical threats or actions, the police can register a First Information Report (FIR). But for the core issue of wrongful termination due to pregnancy, the appropriate forum is the labour authorities, not the police.

FAQs people normally have

What evidence is required?

Strong evidence is key to winning your case. You should try to collect the following:

• Employment Contract/Appointment Letter: To establish the employer-employee relationship.
• Written Communications: Any emails, text messages, or official letters related to your performance, the request for resignation, or the termination.
• Witness Testimony: Statements from colleagues who witnessed the harassment or were aware of the situation.
• Medical Records: Doctor’s certificate and reports confirming your pregnancy.
• Past Performance Records: Positive appraisals or emails praising your work can counter any false claims of “poor performance” by the company.
• Contemporaneous Notes: A detailed diary or log of events as they happened.

How long will the investigation take?

The timeline for resolving such cases can vary significantly. If a complaint is filed with the Labour Commissioner, the process might be relatively quicker, potentially taking a few months. However, if the matter proceeds to a Labour Court or Industrial Tribunal, it can be a lengthy process, often taking anywhere from one to several years to reach a final decision, depending on the complexity of the case and the court’s workload. An experienced lawyer can help navigate the process more efficiently and may be able to facilitate a settlement with the company sooner.

Advocate Sudhir Rao, Supreme Court of India