Dear All,
I would like to get your opinion regarding one of our female staff members who was illegally pregnant (while single) and had an induced abortion. I would like to know what legal grounds would allow us to terminate her employment as the management has decided to end her relationship with our company. Please note that we are based in the UAE, where strict rules are in place stating that a woman cannot be pregnant in Dubai without a legitimate marriage contract. However, I am unable to find the exact article that would serve as the basis for her termination.
From United Arab Emirates, Dubai
1I would like to get your opinion regarding one of our female staff members who was illegally pregnant (while single) and had an induced abortion. I would like to know what legal grounds would allow us to terminate her employment as the management has decided to end her relationship with our company. Please note that we are based in the UAE, where strict rules are in place stating that a woman cannot be pregnant in Dubai without a legitimate marriage contract. However, I am unable to find the exact article that would serve as the basis for her termination.
From United Arab Emirates, Dubai
Dear Pinky,
You may proceed with the termination policy, allowing you to terminate employees without providing a reason. However, it is essential to pay the notice period. Please handle the termination discreetly without discussing it with anyone in the office to ensure a smooth process.
Alternatively, you can ask the individual to resign, citing the same reason. I believe she will cooperate with you. Remember to provide her with the Full and Final (FNF) benefits as well.
Thank you.
From India, Hyderabad
You may proceed with the termination policy, allowing you to terminate employees without providing a reason. However, it is essential to pay the notice period. Please handle the termination discreetly without discussing it with anyone in the office to ensure a smooth process.
Alternatively, you can ask the individual to resign, citing the same reason. I believe she will cooperate with you. Remember to provide her with the Full and Final (FNF) benefits as well.
Thank you.
From India, Hyderabad
Please don't be harsh on her. She committed a sin. Let her feel and realize her mistake. You can ask her to give it back, stating that she will not repeat the same. If found guilty in the future, she will be liable for prosecution or handed over to the local police.
Do you think Dubai is a city of saints who never commit crimes/sins/mistakes? Why do bachelors love to work in Dubai and consider it as heaven, whereas they hate to work in Saudi Arabia, Kuwait, or Oman?
With profound regards
From India, Chennai
Do you think Dubai is a city of saints who never commit crimes/sins/mistakes? Why do bachelors love to work in Dubai and consider it as heaven, whereas they hate to work in Saudi Arabia, Kuwait, or Oman?
With profound regards
From India, Chennai
Dear Pinky,
It is a most unfortunate incident. To terminate her services is something that the "feminist," "women's lib," and people in developed democratic countries would find highly objectionable. Even undergoing abortion is considered evil, as it amounts to killing an unborn baby for none of its fault. Moreover, it is debatable whether unwed mothers should be looked down upon or carry a stigma in a world where divorce has become so common, and live-in relationships have become legal.
Having said that, I understand your predicament. If it is the Law of the Land, then it has to be complied with. Where does this law exist? Find out the relevant references of the Act or statute. Without quoting the exact clause/wordings, you can refer to it in the Termination letter. But the most advisable line of action would be to counsel and convince her to submit her resignation.
Warm regards.
From India, Delhi
It is a most unfortunate incident. To terminate her services is something that the "feminist," "women's lib," and people in developed democratic countries would find highly objectionable. Even undergoing abortion is considered evil, as it amounts to killing an unborn baby for none of its fault. Moreover, it is debatable whether unwed mothers should be looked down upon or carry a stigma in a world where divorce has become so common, and live-in relationships have become legal.
Having said that, I understand your predicament. If it is the Law of the Land, then it has to be complied with. Where does this law exist? Find out the relevant references of the Act or statute. Without quoting the exact clause/wordings, you can refer to it in the Termination letter. But the most advisable line of action would be to counsel and convince her to submit her resignation.
Warm regards.
From India, Delhi
Dear Pinky,
What she has done is wrong, but we are no one to punish her. If it is not hampering your company and her work, this should not be exposed, and she should be allowed to work. In this way, she may realize. As a friend, you can help her understand that what she is doing is not correct, and she should not repeat it in the future. Sometimes, people get carried away when no one is there to make them understand.
Regards, Grettapl
From India, Mumbai
What she has done is wrong, but we are no one to punish her. If it is not hampering your company and her work, this should not be exposed, and she should be allowed to work. In this way, she may realize. As a friend, you can help her understand that what she is doing is not correct, and she should not repeat it in the future. Sometimes, people get carried away when no one is there to make them understand.
Regards, Grettapl
From India, Mumbai
Dear All,
I appreciate all your comments. I also believe in LIFE and RESPECT. That was the main reason why I continue to pursue my passion in the field of Human Resources. It is valuable to consider the perspectives of my fellow professionals. Previously, I worked as a Social Worker in my home country, so I have a deep understanding of the challenges faced by women worldwide. I see her as a victim of the circumstances, and given the opportunity, she would not choose to be in the same situation again. I want to assure everyone who has shared their opinions that her case will remain confidential, in line with our ethical responsibilities as HR professionals. Our decisions may vary based on the norms of different countries, and it is essential for us to respect and appreciate cultural diversity.
Regardless of the environment, cultural differences, and beliefs, the guiding factor in our decisions should always be the principles of life.
Regarding her case, after considering the laws of the country and the company's perspective, I have recommended to management that we have a transparent discussion with her about the situation. Termination is not an option; instead, we will assist her in leaving the company with dignity and support her in finding another job. I have also proposed to management that my co-HOD, who was involved in the situation, be terminated instead.
I extend my gratitude to all for your comments and advice.
More power to Cite.HR and sincere appreciation for all your contributions.
From United Arab Emirates, Dubai
I appreciate all your comments. I also believe in LIFE and RESPECT. That was the main reason why I continue to pursue my passion in the field of Human Resources. It is valuable to consider the perspectives of my fellow professionals. Previously, I worked as a Social Worker in my home country, so I have a deep understanding of the challenges faced by women worldwide. I see her as a victim of the circumstances, and given the opportunity, she would not choose to be in the same situation again. I want to assure everyone who has shared their opinions that her case will remain confidential, in line with our ethical responsibilities as HR professionals. Our decisions may vary based on the norms of different countries, and it is essential for us to respect and appreciate cultural diversity.
Regardless of the environment, cultural differences, and beliefs, the guiding factor in our decisions should always be the principles of life.
Regarding her case, after considering the laws of the country and the company's perspective, I have recommended to management that we have a transparent discussion with her about the situation. Termination is not an option; instead, we will assist her in leaving the company with dignity and support her in finding another job. I have also proposed to management that my co-HOD, who was involved in the situation, be terminated instead.
I extend my gratitude to all for your comments and advice.
More power to Cite.HR and sincere appreciation for all your contributions.
From United Arab Emirates, Dubai
Can anyone explain why she needs to be terminated? She had a relationship with someone which resulted in her getting pregnant due to unprotected sex or maybe due to coercion. Rape law can be applicable in this case if it is someone from within your office. Instead of terminating her and making a big hue and cry as an HR manager, you should be sensitive to this issue to avoid illegal termination of someone's job. Where in your company's rule book is it written that an employee can be terminated for having sex and getting pregnant? The Constitution of India has no clear guidelines on the same either, and if that has nothing to tell you what to do, you better not apply your brains on this.
From India, Mumbai
From India, Mumbai
Dear Pinky, Though I can suggest some ways, ethically, consciously I am not inclined to offer any as this may be inhuman, a gender bias. Sorry. kumar.s.
From India, Bangalore
From India, Bangalore
My Dear Anonymous,
First of all, there is no such term as "Illegally Pregnant" - if you try to define it, you will see what I mean.
If a child was born due to rape, the act of rape was illegal, and the child's status is illegitimate. But being pregnant itself is not illegal.
The law actually states that you cannot bear a child out of wedlock, but even if we accept your interpretation, then you must accept that this is a moral law and not a criminal law.
Secondly, a woman will never have the intention of getting pregnant, knowing that the law will be broken; clearly, a mistake has occurred. The mistake has been corrected by way of abortion. Now the question arises, was the abortion illegal?
Third, there is no law - civil or criminal - that states that a woman should lose her job in this situation. Therefore, where does the company's or management's morality lie? Is this woman in breach of company rules and regulations? I suspect not.
I offer no opinion as to the action you should take. I do ask you, however, to question yourself and the motives of management...
Regards,
Harsh
From United Kingdom, Barrow
First of all, there is no such term as "Illegally Pregnant" - if you try to define it, you will see what I mean.
If a child was born due to rape, the act of rape was illegal, and the child's status is illegitimate. But being pregnant itself is not illegal.
The law actually states that you cannot bear a child out of wedlock, but even if we accept your interpretation, then you must accept that this is a moral law and not a criminal law.
Secondly, a woman will never have the intention of getting pregnant, knowing that the law will be broken; clearly, a mistake has occurred. The mistake has been corrected by way of abortion. Now the question arises, was the abortion illegal?
Third, there is no law - civil or criminal - that states that a woman should lose her job in this situation. Therefore, where does the company's or management's morality lie? Is this woman in breach of company rules and regulations? I suspect not.
I offer no opinion as to the action you should take. I do ask you, however, to question yourself and the motives of management...
Regards,
Harsh
From United Kingdom, Barrow
I am surprised to see all the comments. It's her personal life, and we have no right to interfere in the personal life of an individual. If you need to terminate the services of an individual, you do not need any reasons as such. Issue a simple letter of termination as per the rules and policies of the company.
From India, Mumbai
From India, Mumbai
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