At the time of onboarding in any organization, a female employee was asked to submit a medical fitness certificate, including a pregnancy test report. If the pregnancy test report is positive, can we reject her candidacy, or can we extend her joining date? What is the best possible step we can take legally?
Regards,
Vivek Kumar Singh
From India, Chandigarh
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2Regards,
Vivek Kumar Singh
From India, Chandigarh
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Mr. Vivek Kumar Singh, Chandigarh
Your Post in Cite HR is quoted hereunder:
Quote: "At the time of onboarding in any org., a female employee was asked to submit a medical fitness certificate including a pregnancy test report. If the pregnancy test report is positive, can we drop her candidature or extend her joining date?
Legally, what is the best possible step we can take?"
Unquote
Clarification from Kritarth Team of HR Practitioners:
Let's be true Indians who honor and uphold our Constitution, in letter and spirit. The right to pursue any avocation, profession, and be self-reliant is a fundamental right of Indians, including women.
This was reiterated and highlighted by the Honorable Madras High Court in their Order/Judgment of Mrs. Justice S. Vimala who recently, on 7 January 2019, reportedly "directed the Government Authorities to take into account the Constitutional Provisions of our Constitution and the Maternity Protection and the Convention of the International Labour Organization, to frame guidelines by providing the best possible measures to support women candidates who are in difficult circumstances on account of pregnancy, maternity, or other natural causes.
The Order/Judgment reads as follows:
"The pregnancy and the childbirth should not be considered as an impediment for the discharge of duty. The concessions given to pregnant women shall not be construed as a concession towards the personal comfort of the women. The childbirth should be considered as a contribution to the continuity of generations, without which the existence of the world is impossible."
As law-abiding citizens and law-compliant corporates/employers/management, a compliant corporate.
From India, Delhi
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Your Post in Cite HR is quoted hereunder:
Quote: "At the time of onboarding in any org., a female employee was asked to submit a medical fitness certificate including a pregnancy test report. If the pregnancy test report is positive, can we drop her candidature or extend her joining date?
Legally, what is the best possible step we can take?"
Unquote
Clarification from Kritarth Team of HR Practitioners:
Let's be true Indians who honor and uphold our Constitution, in letter and spirit. The right to pursue any avocation, profession, and be self-reliant is a fundamental right of Indians, including women.
This was reiterated and highlighted by the Honorable Madras High Court in their Order/Judgment of Mrs. Justice S. Vimala who recently, on 7 January 2019, reportedly "directed the Government Authorities to take into account the Constitutional Provisions of our Constitution and the Maternity Protection and the Convention of the International Labour Organization, to frame guidelines by providing the best possible measures to support women candidates who are in difficult circumstances on account of pregnancy, maternity, or other natural causes.
The Order/Judgment reads as follows:
"The pregnancy and the childbirth should not be considered as an impediment for the discharge of duty. The concessions given to pregnant women shall not be construed as a concession towards the personal comfort of the women. The childbirth should be considered as a contribution to the continuity of generations, without which the existence of the world is impossible."
As law-abiding citizens and law-compliant corporates/employers/management, a compliant corporate.
From India, Delhi
Acknowledge(0)Amend(0)
An Addendum from Kritarth Team to the previous post inadvertently released minutes ago:
"As law-abiding citizens and law-compliant corporates, employers, management, and human resource management and development functionaries and practitioners, let us resolve to abide by our own constitution and the laws, including case laws. For the laws, ask none if they shall comply. That is not the choice. The only choice is how and when - before or after penal actions for non-compliance.
Kritarth Team,
18 Feb 2019
From India, Delhi
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"As law-abiding citizens and law-compliant corporates, employers, management, and human resource management and development functionaries and practitioners, let us resolve to abide by our own constitution and the laws, including case laws. For the laws, ask none if they shall comply. That is not the choice. The only choice is how and when - before or after penal actions for non-compliance.
Kritarth Team,
18 Feb 2019
From India, Delhi
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Hi Mr. Kritarth & Team,
My question is very simple: Can we ask a female employee to provide a pregnancy test report at the time of joining? If the pregnancy test report is positive, can we extend her joining? What do the laws say? Requesting clarification.
Thanks & Regards,
Vivek Kumar Singh
From India, Chandigarh
Acknowledge(0)Amend(0)
My question is very simple: Can we ask a female employee to provide a pregnancy test report at the time of joining? If the pregnancy test report is positive, can we extend her joining? What do the laws say? Requesting clarification.
Thanks & Regards,
Vivek Kumar Singh
From India, Chandigarh
Acknowledge(0)Amend(0)
Dear Vivek,
The suggestion from Kritharth team is well in line with your query. The organization is yours; you can adopt any policy and decision that suits you. Nobody can suggest against the rules of the land.
Your query itself is discriminatory, and one is free to go legal if the condition is discriminatory; the choice is yours. You can avoid this by hiring only unmarried candidates or by putting a precondition prior to the interview.
From India, Mumbai
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The suggestion from Kritharth team is well in line with your query. The organization is yours; you can adopt any policy and decision that suits you. Nobody can suggest against the rules of the land.
Your query itself is discriminatory, and one is free to go legal if the condition is discriminatory; the choice is yours. You can avoid this by hiring only unmarried candidates or by putting a precondition prior to the interview.
From India, Mumbai
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Legal Compliance Plan.xls