Legal Question in Employment Law in India

My wife is working in one of the MNCs in Bangalore. She is into her 9th month of pregnancy and the doctor from a reputed clinic has given us a written consent that my wife can work from home for the last 40 days.

Policy in MNC : If the manager permits, a pregnant lady can work from home. The actual scenario is there are lots of people (including male) who come to office once a week as all the clients are located in the US.

There was an instance when my wife had fallen in the 8th month and she got afraid and started working from home. We want to be very sure that she takes adequate rest and at the same time supports the client from home. However her manager is pressing her to come to office.

One of her colleagues had called her up and harassed her mentioning

a)she can take maternity leave right away instead of work from home

b)as she had referred my wife one year back, it is her responsibility to check how my wife is working.

Note : Both are at the same level

c) The team plans frequent outing which is risky at this stage, hence my wife does not join. But they are accusing that she is staying aloof from the team.

Questions

1. As the work from home provision is there and the official letter is present , cant she work from home by just informing her manager? What can we do here as cab issue and frequent rainfall is also there at this time in Bangalore.

2. What all steps can be taken against the colleague who had called her up and mentioned this absurd stuffs, which has literally disturbed the mental peace of my wife?

Kindly advice.


Asked on 4/24/19, 11:27 pm

1 Answer from Attorneys

Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Unless, accepted binding clause under multinational incorporation work through an offshore labour terms & conditions, approach industrial tribunal at your jurisdiction.

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Answered on 4/27/19, 6:51 am


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