Hi all,
I've faced a situation wherein I'm stuck in between the higher management and en employee.
This female gets pregnent and she's unmarried... She comes to me and tells me honestly about her case, and wants to apply for a maternity leave. She's a good employee but becoz of this kind of case the employer is worried about the dignity of the organisation, and wants to terminate her, but still confused.
What I have suggested them was about 'Job Rotation', That lets shift her in some other department for time being and respect her as an individual and not terminate her.
What I want to know is, if we terminate her, can she go LEGAL against the organisation (Though is not married and pregnant).
Kindly give your suggestions on this, please.
From Korea
2I've faced a situation wherein I'm stuck in between the higher management and en employee.
This female gets pregnent and she's unmarried... She comes to me and tells me honestly about her case, and wants to apply for a maternity leave. She's a good employee but becoz of this kind of case the employer is worried about the dignity of the organisation, and wants to terminate her, but still confused.
What I have suggested them was about 'Job Rotation', That lets shift her in some other department for time being and respect her as an individual and not terminate her.
What I want to know is, if we terminate her, can she go LEGAL against the organisation (Though is not married and pregnant).
Kindly give your suggestions on this, please.
From Korea
Hi Joe,
You can not terminiate a person in this case at all.....She can very well apply for a maternity leave. The company should be least bothered about her personal life and no where in the constitution is it writtern that getting pregnent without marriage is a crime. Make your management understand the fact that this will be a case of discrimination against an employee and she can sue the company on legal grounds.
You should also revisit your policies and check the maternity leave clause. Not where it mentions that only married women can avail this leave. It says the pregnent women can avail this leave irrespective of being married or unmarried. I would request you to please respect the dignity of an individual and not to take any such action against her on ethical and on moral grounds. This might ultimately result in getting the company in a problem.
Regards
Anurag
From United States
You can not terminiate a person in this case at all.....She can very well apply for a maternity leave. The company should be least bothered about her personal life and no where in the constitution is it writtern that getting pregnent without marriage is a crime. Make your management understand the fact that this will be a case of discrimination against an employee and she can sue the company on legal grounds.
You should also revisit your policies and check the maternity leave clause. Not where it mentions that only married women can avail this leave. It says the pregnent women can avail this leave irrespective of being married or unmarried. I would request you to please respect the dignity of an individual and not to take any such action against her on ethical and on moral grounds. This might ultimately result in getting the company in a problem.
Regards
Anurag
From United States
Hi Joe,
She can definitely take a legal course in this situation, and since she has decided to be a single mother, she has the guts to face the society and hence the company.
I can understand your employers perpective about values, but not anywhere legally this is mentioned as a cause to terminate an employee if the employee is honest and diligent towards her work and the employer.
She can even file a suit on the basis of discrimination where the employer is sure to loose.
The solution you suggested seems to the best one, also it would be even better if you could speak to the employee of the situation with the employer.
Regards,
AJ
From India, Thana
She can definitely take a legal course in this situation, and since she has decided to be a single mother, she has the guts to face the society and hence the company.
I can understand your employers perpective about values, but not anywhere legally this is mentioned as a cause to terminate an employee if the employee is honest and diligent towards her work and the employer.
She can even file a suit on the basis of discrimination where the employer is sure to loose.
The solution you suggested seems to the best one, also it would be even better if you could speak to the employee of the situation with the employer.
Regards,
AJ
From India, Thana
Hi Joe,
Yes, i agree with AJ and Anurag.
The best way is to Grant her maternity leave.You may ask her to latter on submitt the documents of Marriage as to update the records of company.
However, Management should not worry about anyones personnel Life's problem like this.Infact all must come forward to support her and help since she is Goodemployee of the company.
Regards
mahesh k prasad
From India, Mumbai
Yes, i agree with AJ and Anurag.
The best way is to Grant her maternity leave.You may ask her to latter on submitt the documents of Marriage as to update the records of company.
However, Management should not worry about anyones personnel Life's problem like this.Infact all must come forward to support her and help since she is Goodemployee of the company.
Regards
mahesh k prasad
From India, Mumbai
Dear Anurag, AJ & MKPrasad,
Thanks a ton for your revert. Now I'm sure and convinced about my suggestion to the employer. We need to respect each & every individuals in the organisation.
Thank you so much for motivating me.
From Korea
Thanks a ton for your revert. Now I'm sure and convinced about my suggestion to the employer. We need to respect each & every individuals in the organisation.
Thank you so much for motivating me.
From Korea
Dear Joe,
For Anurag, AJ & MK Prasad: - your replies were really very good.
Terminating employee on the grounds of "pregnancy out of wedlock" is ridiculous. Tell your employer that we pay employee for performance and we do not pay to person.
Women have becoming pregnant before marriage since time immemorial. Even in mythology also there are references of this kind.
Tell your employer to concentrate on organizational issues rather than getting caught into personal issues of employees. Her claim of maternity leave is legally tenable and she ought to be given that leave.
Ok...
Dinesh V Divekar
From India, Bangalore
For Anurag, AJ & MK Prasad: - your replies were really very good.
Terminating employee on the grounds of "pregnancy out of wedlock" is ridiculous. Tell your employer that we pay employee for performance and we do not pay to person.
Women have becoming pregnant before marriage since time immemorial. Even in mythology also there are references of this kind.
Tell your employer to concentrate on organizational issues rather than getting caught into personal issues of employees. Her claim of maternity leave is legally tenable and she ought to be given that leave.
Ok...
Dinesh V Divekar
From India, Bangalore
That's what Dinesh, In profession we don't interfere in anyone's personal life. If such kind of issues arrises in MNC, then it is more surprising and shocking. Thanks for your valuable inputs. We talk about mental growth, but somewhere it's lacking majorly.
From Korea
From Korea
Joe, I suggest you go through the terms and conditions of your appointment letter. Now Most companies include a clause to terminate a person on grounds of "Immorality". Though getting pregnant is nor illegal as per law it is Immoral. Before speaking form the employee, make sure that the terms and condition of the employment does not contain the clause, and the take it forward to the management.
Regards
Roopa
From India, Madras
Regards
Roopa
From India, Madras
hi,
do't be a fool my dear
respect her and give her the leave keeping in mind the humanitarian part too.
and u should also try to not inculculate the humours regarding this as this is her personal life and let her enjoy the way she want
reply me soon
ANURAG SHARMA
From India, Delhi
do't be a fool my dear
respect her and give her the leave keeping in mind the humanitarian part too.
and u should also try to not inculculate the humours regarding this as this is her personal life and let her enjoy the way she want
reply me soon
ANURAG SHARMA
From India, Delhi
Hi Roopa,
I beg to differ.
This statement still wont hold in the civil courts as the statement in the joining letter or letter of appointment clearly states about Immoral activity or behaviour with respect to work, vendors and clients. This in no way interferes with your personal life and especially when it comes to giving birth out of wedlock. The Moral definition of the above will change according to the zones and countries you are in. She can argue that she was promised a wedding and once pregnant the person later on didnt keep his promise and it was too late for her to get an abortion done.
Hence the moral values upheld by the society wont hold in the court of law.
Regards,
AJ
From India, Thana
I beg to differ.
This statement still wont hold in the civil courts as the statement in the joining letter or letter of appointment clearly states about Immoral activity or behaviour with respect to work, vendors and clients. This in no way interferes with your personal life and especially when it comes to giving birth out of wedlock. The Moral definition of the above will change according to the zones and countries you are in. She can argue that she was promised a wedding and once pregnant the person later on didnt keep his promise and it was too late for her to get an abortion done.
Hence the moral values upheld by the society wont hold in the court of law.
Regards,
AJ
From India, Thana
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