RegisterLog In

Termination of a pregnancy female who has hidden her condition

Elly
Member
Mon, 25 Nov 2013 09:11:52 PM  (Last updated: Thu, 28 Nov 2013 05:43:20 PM)

Hi,

Seek for advise on malaysia labour law :-

my company has hired a HR manager less than a month. Management has recently found out she has hidden her pregnancy condition during the interview. She hsa yet to  present the medical report to the management, but she has personally admitted the pregnancy about 4-5 months.

Can the company terminate her immediately?

Please advise. Thanks.

Elly

KL Siew
Administrator
Tue, 26 Nov 2013 08:53:41 AM

There is no provision in the Employment Act to say that pregnant workers must be sacked.  If you do that for that reason you may lose your case.

KL Siew

Elly
Member
Tue, 26 Nov 2013 08:56:13 PM
Originally posted by KL Siew on Tue, 26 Nov 2013 08:53:41 AM

There is no provision in the Employment Act to say that pregnant workers must be sacked.  If you do that for that reason you may lose your case.

KL Siew

Thanks Siew,

But do the company have any alternative such as move her to contract basis? Since she has hidden her pregnancy during the interview and commencement?

Is dont seen to be fair to the company as she already in her mid 5th month pregnancy. Company needed to get another replacement during her confinement period too.

Appreciated for your advise.

Elly

Elly
Member
Thu, 28 Nov 2013 05:43:20 PM
Originally posted by Elly on Tue, 26 Nov 2013 08:56:13 PM

Thanks Siew,

But do the company have any alternative such as move her to contract basis? Since she has hidden her pregnancy during the interview and commencement?

Is dont seen to be fair to the company as she already in her mid 5th month pregnancy. Company needed to get another replacement during her confinement period too.

Appreciated for your advise.

Elly

Hi Siew,

The Pregnant employee has proposed to the company to transfer herself to  6 months employment contract. The Company agreed to pay her maternity leave if her confinement is within the contract period.

1. Will the company set an offen to transfer her to contract staff? (She is under probabtion)

2. Do the company need to pay her maternity leave  if her confinement is after the contract ended?

Appreciated for your kind advise,

Elly

  This topic is closed