Dear All,
As everybody has said, pregnancy should not be a criterion for rejecting a candidacy. There is also no law that states pregnancy at the time of joining is a disqualification. However, if an employer still rejects a candidacy on these grounds, what can be done? Discussing this question can be interesting.
Thanks with regards,
Keshav Korgaonkar
[Shantadurgaent.com](http://www.shantadurgaent.com) - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from
From India, Mumbai
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2584As everybody has said, pregnancy should not be a criterion for rejecting a candidacy. There is also no law that states pregnancy at the time of joining is a disqualification. However, if an employer still rejects a candidacy on these grounds, what can be done? Discussing this question can be interesting.
Thanks with regards,
Keshav Korgaonkar
[Shantadurgaent.com](http://www.shantadurgaent.com) - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from
From India, Mumbai
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Motherhood is not a medical disqualification for a job, especially in a public sector undertaking like SBI, which is considered a model employer. As it is only one month since she became pregnant, she can very well join duty subject to medical advice. All the best.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Dear Saikumar ji,
I do agree with you and everybody said the same thing. I also say the same thing. But, Joining the new employment is not in the hands of the candidate. Suppose I am the employer and I reject the candidature on the grounds that she is pregnant. Even if I give a reason for rejection, what can you do? I invite discussions on this question. According to me, there is no legal protection for pregnant women from the rejection of their candidature for new employment.
Thanks and regards,
Kashav Korgaonkar
www.shantadurgaent.com
From India, Mumbai
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I do agree with you and everybody said the same thing. I also say the same thing. But, Joining the new employment is not in the hands of the candidate. Suppose I am the employer and I reject the candidature on the grounds that she is pregnant. Even if I give a reason for rejection, what can you do? I invite discussions on this question. According to me, there is no legal protection for pregnant women from the rejection of their candidature for new employment.
Thanks and regards,
Kashav Korgaonkar
www.shantadurgaent.com
From India, Mumbai
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Yes, it's correct that she cannot be rejected on grounds of pregnancy, but maternity leave cannot be taken for granted since she will be on probation for a certain period depending on the grade she is joining - clerk, PO, or management trainee. Additionally, there is no paid leave during probation.
From India, Nagpur
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From India, Nagpur
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Hi, along with that, Can any one explain on Pregnancy Benefits. How many months of leave can avail a Pregnant woman? and how will be the pay structure in IT firms.
From India, Hyderabad
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From India, Hyderabad
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Dear Aami,
Companies do check up on shortlisted candidates to see if they suffer from any severe diseases. In routine, these tests do not confirm pregnancy because that is a completely different test. Mrs. Das has been cleared, and the company is obligated to provide maternity benefits.
Pregnancy issues will not affect the selection process in esteemed organizations like SBI. Please tell your friend to be happy.
Regards,
Aniruddha Jadhav A.M Legal, Glenmark Pharmaceuticals Ltd.
From India, Mumbai
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Companies do check up on shortlisted candidates to see if they suffer from any severe diseases. In routine, these tests do not confirm pregnancy because that is a completely different test. Mrs. Das has been cleared, and the company is obligated to provide maternity benefits.
Pregnancy issues will not affect the selection process in esteemed organizations like SBI. Please tell your friend to be happy.
Regards,
Aniruddha Jadhav A.M Legal, Glenmark Pharmaceuticals Ltd.
From India, Mumbai
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Dear Aami,
Here is the legal position on this query:-
The Law governing this situation is maternity benefit act. the act has only one condition when you cannot engage a woman in your establishment which is given under section 4 of the act, also reproduced below.
"4. Employment of or work by, women prohibited during certain periods.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be—
(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6."
Which is no case with your friend. However the same can be a deterrent if given under the service rules. The same also confirmed by one member that there is no such rule in the service conditions also.
So ask your friend to chill and gear up for new phase of her life.
From India, New Delhi
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Here is the legal position on this query:-
The Law governing this situation is maternity benefit act. the act has only one condition when you cannot engage a woman in your establishment which is given under section 4 of the act, also reproduced below.
"4. Employment of or work by, women prohibited during certain periods.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be—
(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6."
Which is no case with your friend. However the same can be a deterrent if given under the service rules. The same also confirmed by one member that there is no such rule in the service conditions also.
So ask your friend to chill and gear up for new phase of her life.
From India, New Delhi
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Dear No..., Pregnancy is not a disease and it is not permanent cause. so, rejection is not question....
From India, Bangalore
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From India, Bangalore
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Dear Aami,
Pregnancy is not a medical condition leading to rejection. This will make your friend 'temporarily' ineligible. She will be given sufficient time to join after delivery, subject to medical fitness at that time.
Satjit Singh
From India, Chandigarh
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Pregnancy is not a medical condition leading to rejection. This will make your friend 'temporarily' ineligible. She will be given sufficient time to join after delivery, subject to medical fitness at that time.
Satjit Singh
From India, Chandigarh
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Dear Kashav Ji,
Assuming that the ground for the rejection of a candidate is solely pregnancy, more so by a model employer like a public sector bank, the woman candidate, in my view, has a case on hand from the point of view of the law. In fact, as one member has rightly said, a pregnant woman has the protection of the law in the form of the Maternity Benefit Act 1961, which incorporates various provisions that protect the rights of a woman during her employment. I need not elaborate on it as it is well known, and the said member has repeated it in this discussion for ready reference.
Furthermore, where a wily employer considers pregnancy as a medically unfit condition and wants to terminate her services, Section 12 of the Maternity Benefit Act puts an embargo on such termination. Thus, the whole spirit of the Act is to protect the employment of women but not to expose them to any risk of losing their job on grounds of pregnancy. It being so, the employer's action of rejection will be called into question as violative of Article 14 of the constitution, which guarantees equality before the law and equal protection of laws, and Articles 20 and 21, which guarantee the right to life and to earn a livelihood. A woman need not resign to her fate in such cases.
B. Saikumar
Mumbai
From India, Mumbai
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Assuming that the ground for the rejection of a candidate is solely pregnancy, more so by a model employer like a public sector bank, the woman candidate, in my view, has a case on hand from the point of view of the law. In fact, as one member has rightly said, a pregnant woman has the protection of the law in the form of the Maternity Benefit Act 1961, which incorporates various provisions that protect the rights of a woman during her employment. I need not elaborate on it as it is well known, and the said member has repeated it in this discussion for ready reference.
Furthermore, where a wily employer considers pregnancy as a medically unfit condition and wants to terminate her services, Section 12 of the Maternity Benefit Act puts an embargo on such termination. Thus, the whole spirit of the Act is to protect the employment of women but not to expose them to any risk of losing their job on grounds of pregnancy. It being so, the employer's action of rejection will be called into question as violative of Article 14 of the constitution, which guarantees equality before the law and equal protection of laws, and Articles 20 and 21, which guarantee the right to life and to earn a livelihood. A woman need not resign to her fate in such cases.
B. Saikumar
Mumbai
From India, Mumbai
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