Hello good people,
Kindly assist on this Scenario;
A girl was offered a contract for Graduate position in a reputable company, for a specified period of Two (2) years, with a renewal clause upon successful completion of the graduate programme.
The Contract started in October 22, 2012 so it was supposed to end on 21st October 2014. Before it ended, the girl was pregnant and applied for a maternity leave, which was granted (in writting) and would extend for 84 days (Tanzania Law) to Mid November 2014 - which is beyond the time that her contract was to come to an end (21st October, 2014).
The HR Manager sent via email a separation letter/End of Contract letter to the girl while still on maternity leave, 2 weeks before the end of the contract period, stating that the Company had no intention to renew her contract. The girl waited until her maternity leave days were over then she went back to work for clearance.
I want to know if this separation was fair and whether or not it has elements of discrimination against pregnancy.
Do we regard the extension of the maternity leave beyond the end date of the contract a sign of the company's intention to renew the contract, such that the lady was expecting it to happen?
Is there a good case to refer the matter to Labor Court? What are the chances that she is going to win the case?
Thanks in advance
From France
1Kindly assist on this Scenario;
A girl was offered a contract for Graduate position in a reputable company, for a specified period of Two (2) years, with a renewal clause upon successful completion of the graduate programme.
The Contract started in October 22, 2012 so it was supposed to end on 21st October 2014. Before it ended, the girl was pregnant and applied for a maternity leave, which was granted (in writting) and would extend for 84 days (Tanzania Law) to Mid November 2014 - which is beyond the time that her contract was to come to an end (21st October, 2014).
The HR Manager sent via email a separation letter/End of Contract letter to the girl while still on maternity leave, 2 weeks before the end of the contract period, stating that the Company had no intention to renew her contract. The girl waited until her maternity leave days were over then she went back to work for clearance.
I want to know if this separation was fair and whether or not it has elements of discrimination against pregnancy.
Do we regard the extension of the maternity leave beyond the end date of the contract a sign of the company's intention to renew the contract, such that the lady was expecting it to happen?
Is there a good case to refer the matter to Labor Court? What are the chances that she is going to win the case?
Thanks in advance
From France
In Indian scenario the decision not to renew her contract is a right decision. I don't know what the law states in Tanzania.
First of all, she was on a fixed term contract with the company for two years and on the expiry of the contract period, ie, on 21st October 2014, the employee employer relationship will come to an end. There is no need to send a termination letter and from 22nd October she is not an employee of the organisation.
Secondly, the company has only informed that they are not interested to renew the contract beyond the original tenure which will end on 21st October and that communication should be taken as an intimation that no further benefits either in the form of leave or medical assistance can be expected.
Now coming to the doubtful or disputable issues in it. There are two things which can be taken as an issue for dispute, one is, that the company had approved 84 days leave. That means she can be on rolls of the company till middle of November 2014 and there could be an automatic extension of contract till that date. If before that her services are terminated, she can raise an industrial dispute.
The period of maternity leave which extends beyond the contract period is the second matter of dispute. Again the company can take a stand that her services stands terminated on 21st October and for the remaining period there is no liability. But will it be convincing when the company had approved leave till mid of November.
Friends please discuss.
Madhu.T.K
From India, Kannur
First of all, she was on a fixed term contract with the company for two years and on the expiry of the contract period, ie, on 21st October 2014, the employee employer relationship will come to an end. There is no need to send a termination letter and from 22nd October she is not an employee of the organisation.
Secondly, the company has only informed that they are not interested to renew the contract beyond the original tenure which will end on 21st October and that communication should be taken as an intimation that no further benefits either in the form of leave or medical assistance can be expected.
Now coming to the doubtful or disputable issues in it. There are two things which can be taken as an issue for dispute, one is, that the company had approved 84 days leave. That means she can be on rolls of the company till middle of November 2014 and there could be an automatic extension of contract till that date. If before that her services are terminated, she can raise an industrial dispute.
The period of maternity leave which extends beyond the contract period is the second matter of dispute. Again the company can take a stand that her services stands terminated on 21st October and for the remaining period there is no liability. But will it be convincing when the company had approved leave till mid of November.
Friends please discuss.
Madhu.T.K
From India, Kannur
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx