human resource case study

7/28/2019 Human resource case study

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Submitted By-Richa Goel (064)

Ashish Garg (050)

Bishan Singh (011)


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The employee who has joined the company for less than80 days and has not been performing well since she

joined.During this period she is found pregnant and who is stillon probation period.Management is not happy with her performance and hadasked human resource manager to retrench her on thebasis of her performance.

Please suggest the HR manager how he/she will going todeal with this situation?


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Probation -Probation is the duration (usually 3 - 6 months)for an employee for which he will remain undersupervision of the company for his performance and workculture. In this duration if his performance is not as

expected and promising, the company may not approve hiscontract for further processing and he maybe asked toleave the organization (the worst scenario).

Maternity The period during pregnancy and shortly after

childbirth .


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Keeping in mind the current situation what would beyour action if you are the Hr manager of the XYZcompany?In your opinion company should keep her or terminateher justify your answer?Does policies of company need some changes, justify?According to maternity act she is not eligible for

maternity leaves what will you do in this case?


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The Act was enacted to have uniform maternity benefitprovisions for all women employees.

Extent- This act extended to whole of India.

Object: (1) to provide for maternity benefit to womenemployees; and (2) to regulate the employment of

women for certain periods before and after childbirth.


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Maximum period a woman is entitled to maternity benefitshall be 12 weeks of which up to 6 weeks shall be before thedate of her expected delivery .If the woman dies during this period, the maternity benefitshall be payable only for the days up to and including the dayof her death.A woman shall not be entitled to MB unless she has actuallyworked in the establishment for a period of not less than 80

days in the 12 months immediately preceding the date of herexpected date of delivery


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Employer who fails to pay MB, or discharges or dismisses awoman during her maternity leave, he shall be punishablewith imprisonment of minimum 3 months, maximum up toone year, and fine of not less than Rs. 2000/- but maximum

up to Rs. 5000/-. If there are sufficient reasons, the court mayimpose a sentence of lesser term or fine only in lieu of imprisonment.

Any other contravention imprisonment up to one year; fineup to Rs. 5000/- or both.


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If she is not performing well and she is into probation periodthen she can be terminated.

The procedure you can follow is; first you can issue an Showcause notice to her and give her some time (7 days) so thatshe can reply in writing the cause behind it.If the cause given by her is justified then retain her orotherwise issue a termination letter.


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you have kept some one in probation and herperformance is not satisfactory than you have to givehim a chance to improve and you have to issue lettersto him for her weaknesses.

But in this case; it seems you are not much worriedabout her performance but you are worried becauseshe is pregnant and on this basis you can not terminate

her services. Very sad approach on HR point of view.


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I think there is a need to rework on company's recruitmentprocess. This is really bad part of you as an HR person tolooking for terminating a pregnant women when she has just

joined the organization.

This is not ethical practice. She should be helped and given achance to improve. Trust me if she is physically unfit toperform well ,she will leave by herself and if she is not sincere

towards work then also she should be given a chance. There isno point of terminating an employee just because she ispregnant, no matter she is within probation or confirmed.


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Firstly see the circumstances why she is under performer ?

Don't make pregnancy period criteria for termination. Andyou can terminate probationary after giving showcause notice.

Talk to her and find the problem with her performance If really the problem is with the work then you can very wellTalk to her directly about the resignation not termination .

You can tell her in positive sense that we are OK if you resignwith in a week also , just take care of your health becausehealth is more important then wealth . This gives theemployee a great strength rather then go in Bad mood ordisturbed situation which disturbs our business activity .


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Pregnancy has nothing to do with her performance duringProbation period. Build record before terminating her servicessuch issue warning letter ,create file memos, advisory memosetc before termination.

She can ask for leaves without pay for such period onpresenting medical certificates.

Extend her probation period by 3 months Issue her a letter

that she will be under observation for xyz days if she doesnt show her good performance that company can take strictaction on it.


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Retrenchment is not the only solution whichis left with the any HR manager.Prepare new guidelines to deal with suchsituation .Create proper work environment for womenemployees.Understand the value of human, dont always

consider them as a resource.


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human resource case study

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