What do you think about company retrenching pregnant employee.
- Thread starter pt_su
- Start date
first of all, i think retrenching pregnant employee or not hiring women of child bearing age is discrimination!
this is something i found. hopefully it'll be helpful for moms to be
under the Employment Act, Section 81, it is unlawful for employers to terminate the services of these workers, and the latter may seek advice from MOM if they feel they have been unfairly dismissed. An official appeal to MOM on alleged unfair dismissal must be made within 2 months of the child's birth. For Union members, advice can be sought with the appropriate Union representative.
http://www.asiaone.com/Just%2BWoman/About%2BMe/The%2BLaw%2B%2526%2BYou/Story/A1Story20080306-53099.html
this is something i found. hopefully it'll be helpful for moms to be
under the Employment Act, Section 81, it is unlawful for employers to terminate the services of these workers, and the latter may seek advice from MOM if they feel they have been unfairly dismissed. An official appeal to MOM on alleged unfair dismissal must be made within 2 months of the child's birth. For Union members, advice can be sought with the appropriate Union representative.
http://www.asiaone.com/Just%2BWoman/About%2BMe/The%2BLaw%2B%2526%2BYou/Story/A1Story20080306-53099.html
Koalarie
Active Member
This is probably what you are looking for.
http://www.mom.gov.sg/publish/momportal/en/press_room/press_replies/2006/20060630-Lawforbidsdismissalongroundofpregnancy.print.html?Status=1
<font color="0000ff">Law forbids dismissal on ground of pregnancy
- The Straits Times, 30 June 2006
Please refer to the letter “Can MOM help sacked pregnant worker” (ST, 27 Jun) by Ms Lau Li Nah.
2 Employers are required under the Employment Act and the Children Development Co-Savings Act to provide 12 weeks of paid maternity leave to female employees, subject to certain conditions. The law prohibits the employer from dismissing an employee because of her pregnancy. If the dismissal is without sufficient cause within 3 months before the birth of her child, the employer is still liable to grant her paid maternity leave under the Employment Act.
3 Apart from the law, the National Tripartite Advisory Panel to develop Family Friendly Workplaces issued a set of Tripartite Guidelines on Family Friendly Workplace Practices in August 2004. The guidelines stipulate that employers should not terminate the employment of female employees on non-work related grounds to release themselves of their obligation to provide maternity leave. Employers should follow these guidelines. The Tripartite Alliance for Fair Employment Practices was also formed in May this year to encourage employers to adopt fair and responsible employment practices.
4 MOM investigates complaints of discriminatory employment practices, and takes action against employers who are found to have violated the law or otherwise acted unfairly against employees. We are getting details of Ms Lau's case for us to look into the matter.</font>
http://www.mom.gov.sg/publish/momportal/en/press_room/press_replies/2006/20060630-Lawforbidsdismissalongroundofpregnancy.print.html?Status=1
<font color="0000ff">Law forbids dismissal on ground of pregnancy
- The Straits Times, 30 June 2006
Please refer to the letter “Can MOM help sacked pregnant worker” (ST, 27 Jun) by Ms Lau Li Nah.
2 Employers are required under the Employment Act and the Children Development Co-Savings Act to provide 12 weeks of paid maternity leave to female employees, subject to certain conditions. The law prohibits the employer from dismissing an employee because of her pregnancy. If the dismissal is without sufficient cause within 3 months before the birth of her child, the employer is still liable to grant her paid maternity leave under the Employment Act.
3 Apart from the law, the National Tripartite Advisory Panel to develop Family Friendly Workplaces issued a set of Tripartite Guidelines on Family Friendly Workplace Practices in August 2004. The guidelines stipulate that employers should not terminate the employment of female employees on non-work related grounds to release themselves of their obligation to provide maternity leave. Employers should follow these guidelines. The Tripartite Alliance for Fair Employment Practices was also formed in May this year to encourage employers to adopt fair and responsible employment practices.
4 MOM investigates complaints of discriminatory employment practices, and takes action against employers who are found to have violated the law or otherwise acted unfairly against employees. We are getting details of Ms Lau's case for us to look into the matter.</font>
I've just been retrenched in my fifth month from my perm job and went to MOM to see if there is anything more I can fight for. They only said that the new maternity and parenting package is not confirmed yet, but asked me to write in to the Commisioner of MOM.
Obviously it's not against S'pore's law to do so.
Anyone out there has any experience in this. Hopefully not.
Anyone out there has any experience in this. Hopefully not.
Hi Janc1008,
I really feel sorry for the mom-to-be, in such harsh time, if retrench already difficult to support oneself, whats more still got another mouth to feed. 16weeks maternity leave pay package is really insufficent, which by right should be her entitlement should she stay on with company..
I find that Singapore's employment law is still leaning to the best interested of company, rather than employee..
I really feel sorry for the mom-to-be, in such harsh time, if retrench already difficult to support oneself, whats more still got another mouth to feed. 16weeks maternity leave pay package is really insufficent, which by right should be her entitlement should she stay on with company..
I find that Singapore's employment law is still leaning to the best interested of company, rather than employee..
maybemummy
Member
A friend of mine was terminated towards her last trimester, no benefits were paid out to her not to mention her maternity entitlement. She's pursuing a case with MOM but seem to be powerless cos if the employer can prove just cause for the termination they will not be liable to pay the benefits. The goverment encourages couples to have more kids but then don't do enough to protect expectant mums from evil employers.
ahmei
Member
hi, i extracted this from MCYS website "These last four enhancements, namely, the reduction in the qualifying period, the extension of the protection of pregnant employees who are dismissed without sufficient cause to the last 6 months of pregnancy, the protection of retrenched employees in the last 3 months of pregnancy, and allowing for paid maternity leave under more than one employer, go beyond just supporting the formation of families and should be basic employment prerogatives. These enhancements are therefore also covered under the Employment Act. "
maybemummy, so for your friend, if she was terminated in the last 3 months, she should still be able to get her benefits.
i guess in economic times like this, it can be unassuring sometimes cos last trimester is already very late.
maybemummy, so for your friend, if she was terminated in the last 3 months, she should still be able to get her benefits.
i guess in economic times like this, it can be unassuring sometimes cos last trimester is already very late.
maybemummy
Member
Hi Geberra, there's a big loophole in the act. It states that you will be paid benefits only if the employer cannot provide sufficient cause so at the end of the day if the employer comes up with some bull shit, the employee is at a disadvantaged.
i got dismissed on my 6th pregnancy and the company has given me 16 weeks. the reason company terminated me was under-performance. but i dont think so. So i seek help from mom, but seems no help, mom said since company already gave u 16 weeks, they have no fault.
So company can terminated pregnant wowan very easily by just gave the 16 weeks?
except mom, where can i seek help?
So company can terminated pregnant wowan very easily by just gave the 16 weeks?
except mom, where can i seek help?
Hi Mummies and MTBS,
I'm currently a Year 3 student from NTU, majoring in Sociology and I am doing research for my module. My topic of research is on pregnant women in the workforce and I really hope to hear about how pregnant women are treated in the workplace. Is there really discrimination?
I hope that you can allow me to conduct a simple email interview with you and your name will not be revealed at all.
Thanks!
Warmest regards,
Wendy Tan
[email protected]
I'm currently a Year 3 student from NTU, majoring in Sociology and I am doing research for my module. My topic of research is on pregnant women in the workforce and I really hope to hear about how pregnant women are treated in the workplace. Is there really discrimination?
I hope that you can allow me to conduct a simple email interview with you and your name will not be revealed at all.
Thanks!
Warmest regards,
Wendy Tan
[email protected]
Just want to share my story;
I was told to resign or be terminated by my mgr 2wks before due date, he gave me this ultimatium the very same day my hospitalisation leave started (my bb head position was 2low & due anytime).
I can see it coming as earlier when I notified him of possible hospitalistion leave, he was concerned if I would return to work after maternity leave is over.
I was told to submit resignation letter if I opt for resignation over termination. He promised that co. will stil cover my maternity leave if I resign but I wasnt convinced. I reasoned with him that if co. is willing to cover my maternity leave then why require resignation letter with immediate date? I can always submit when maternity leave ends. He is unable to explain & just kept on pressurizing me & I refused to accept. In the end he counter-proposed that I submit post-dated resignation letter, to be dated exactly after maternity end and I maintained my stand that resignation letter will only be submitted once maternity leave end.
He called the 2nd day saying "this time co.'s decision" is immediate resignation or termination, he does not want a post-dated resignation anymore. I requested for consideration time & was given less then 24hrs to reply.
I consulted MOM & AWARE free legal consulation and both advice that I shouldn resign as legally co. would not be obliged to cover my maternity leave unless it is stated down in black & white. So my only option is termination, at least maternity leave must be borne by co. and in addition 1 month salary-in-lieu for termination.
The next day after notifying my mgr that I opt for termination, I also spoke personally to HR. She then informed that termination is not possible as I'm protected by employment law (due to 9th mth preg). As HR, she DOES NOT ALLOW/AGREE to my termination as it will reflect badly on co. image & secondly they REQUIRE CPF's APPROVAL. hence she will only execute the termination after my maternity is over.
My next question to her was for past 3days why did mgr pressurized me with ultimatium of voluntary resignation or termination since it is NOT POSSIBLE & why didn my mgr follow her advice? She is unable to reply and just try to pacify me. Having worked in the co. for 2.5yrs, I'm familiar of my co.'s practice; HR is fully aware & consulted by my mgr both prior & during the whole process.
I requested for immediate termination as per offered by my mgr intially instead of HR's decision to delaying till maternity over. However HR has the final say & she refused.
My co., GXX GXXXX is in recruitment industry and "supports" the FAIR EMPLOYMENT PRACTICE, they should be very familiar with employment laws & yet I'm the 2nd employee to face such discrimination. This goes to show that in S'pore, discrimination against preg employee is very common, as long as co. is willing to fork out payable maternity leave as penalty if MOM investigate & appeal is successful OR reinstate employee but who would want to return to work after such happening.
More severe penalty should be imposed if S'pore govt is serious in achieving higher birth rate.
I was told to resign or be terminated by my mgr 2wks before due date, he gave me this ultimatium the very same day my hospitalisation leave started (my bb head position was 2low & due anytime).
I can see it coming as earlier when I notified him of possible hospitalistion leave, he was concerned if I would return to work after maternity leave is over.
I was told to submit resignation letter if I opt for resignation over termination. He promised that co. will stil cover my maternity leave if I resign but I wasnt convinced. I reasoned with him that if co. is willing to cover my maternity leave then why require resignation letter with immediate date? I can always submit when maternity leave ends. He is unable to explain & just kept on pressurizing me & I refused to accept. In the end he counter-proposed that I submit post-dated resignation letter, to be dated exactly after maternity end and I maintained my stand that resignation letter will only be submitted once maternity leave end.
He called the 2nd day saying "this time co.'s decision" is immediate resignation or termination, he does not want a post-dated resignation anymore. I requested for consideration time & was given less then 24hrs to reply.
I consulted MOM & AWARE free legal consulation and both advice that I shouldn resign as legally co. would not be obliged to cover my maternity leave unless it is stated down in black & white. So my only option is termination, at least maternity leave must be borne by co. and in addition 1 month salary-in-lieu for termination.
The next day after notifying my mgr that I opt for termination, I also spoke personally to HR. She then informed that termination is not possible as I'm protected by employment law (due to 9th mth preg). As HR, she DOES NOT ALLOW/AGREE to my termination as it will reflect badly on co. image & secondly they REQUIRE CPF's APPROVAL. hence she will only execute the termination after my maternity is over.
My next question to her was for past 3days why did mgr pressurized me with ultimatium of voluntary resignation or termination since it is NOT POSSIBLE & why didn my mgr follow her advice? She is unable to reply and just try to pacify me. Having worked in the co. for 2.5yrs, I'm familiar of my co.'s practice; HR is fully aware & consulted by my mgr both prior & during the whole process.
I requested for immediate termination as per offered by my mgr intially instead of HR's decision to delaying till maternity over. However HR has the final say & she refused.
My co., GXX GXXXX is in recruitment industry and "supports" the FAIR EMPLOYMENT PRACTICE, they should be very familiar with employment laws & yet I'm the 2nd employee to face such discrimination. This goes to show that in S'pore, discrimination against preg employee is very common, as long as co. is willing to fork out payable maternity leave as penalty if MOM investigate & appeal is successful OR reinstate employee but who would want to return to work after such happening.
More severe penalty should be imposed if S'pore govt is serious in achieving higher birth rate.
applecherry
New Member
To share my story with MTBs & mummies who face same problem:
I am in my 4th months pregnancy.Due to past history of miscarriage and also non-stop spotting, my gynae put me on 2 mths bedrest. I was even hospitalized due to having bloodclots found in my womb. I am fully supported by medical
leaves under hospitalization. I didn't expect that my employer (Rang Mahal Pte Ltd) would terminate my services with 2months pay in lieu. Even my 0.5mths of bonus payable at end month is being forfeited. When asked for the reason of termination, my GM says employee gives 2 months to resign, employer can also terminate emoloyee given 2 months notice or compensation. I find the Indian culture company very funny as I have tendered last year around June'10 because of better offer. However my superior ask me to stay on with another staff pledging goodwill to this company policies. During then I have confided my concerns that small company outfit may not be supportive of female employees' family planning. But my team members have convinced me otherwise and pledged my boss good practices of family raising. They even told me that our boss will not retained people whom they can't worked with. So I decided to stayput considering the simple portfolio and also my age catching up with my family planning irregardless that I will be paid another $500 more every month. And it sounds as if during then that my employer will counter matched the salary. There was no counter offering and everything is the same, even the promise of doing consolidation accounts disappeared. I am utterly speechless when they serves me the termination letter and say it is not my work competency that has a problem. I should have trusted my own instincts that I should not have stayed for my pregnancy. It was a nightmare to even thought that I have worked there before. After reading all other postings,many employers have make use of legal loopholes to sack their pregnant employees. It seems MOM can't help much for those who are before 6mths pregnant. This really made us feel lost and helpless. I am going to send a letter to my MP and see what he says about our case since I have been supportive of him all along. This will made me decide my votes in the coming election.
I am in my 4th months pregnancy.Due to past history of miscarriage and also non-stop spotting, my gynae put me on 2 mths bedrest. I was even hospitalized due to having bloodclots found in my womb. I am fully supported by medical
leaves under hospitalization. I didn't expect that my employer (Rang Mahal Pte Ltd) would terminate my services with 2months pay in lieu. Even my 0.5mths of bonus payable at end month is being forfeited. When asked for the reason of termination, my GM says employee gives 2 months to resign, employer can also terminate emoloyee given 2 months notice or compensation. I find the Indian culture company very funny as I have tendered last year around June'10 because of better offer. However my superior ask me to stay on with another staff pledging goodwill to this company policies. During then I have confided my concerns that small company outfit may not be supportive of female employees' family planning. But my team members have convinced me otherwise and pledged my boss good practices of family raising. They even told me that our boss will not retained people whom they can't worked with. So I decided to stayput considering the simple portfolio and also my age catching up with my family planning irregardless that I will be paid another $500 more every month. And it sounds as if during then that my employer will counter matched the salary. There was no counter offering and everything is the same, even the promise of doing consolidation accounts disappeared. I am utterly speechless when they serves me the termination letter and say it is not my work competency that has a problem. I should have trusted my own instincts that I should not have stayed for my pregnancy. It was a nightmare to even thought that I have worked there before. After reading all other postings,many employers have make use of legal loopholes to sack their pregnant employees. It seems MOM can't help much for those who are before 6mths pregnant. This really made us feel lost and helpless. I am going to send a letter to my MP and see what he says about our case since I have been supportive of him all along. This will made me decide my votes in the coming election.
It means if there is sufficient evidence to proof e employee misconduct. For example, if the pregnant woman embezzle funds it still warrants immediate dismissal. But if the reason given is not solid enough, never be pressured to tender. Wait for the co to terminate u if they r ready for the consequences. Then make e news v big and c what happens
kimmielalala
Member
mine is..i went back one day earlier, and my seat was taken ( but my CEO told me, ask me to mark his words) that he will hire a part timer but no one will take over my job. I remember it till today, because i trusted and respect him, but now i think he is just dont know how to describe. my performance was quite GOOD, that was given by my supervisor, which he said, i willing to spend an effort and all the bloody positive words and i never even take any MC during my days in the company. But when i came back to work. I was told to use the meeting room, as no instruction was given and the boss was on leave. So they make me work in the meeting room. And after 3 days later, the boss told me, its time to move on. because they thought i will give up and be a full time mom. I didnt make noise about the compensation, because i thought there was a law under MOM. But i was wrong, the law is to protect pregnant moms. Then i mean, i did update and email all of them when i am coming back. But no one bother to ask, if i will change my mind or what. Later on, i found out that the part timer they hired is the BEST FRIEND of my new supervisor. I fell into depression for past 6 months, i cant stand up. i just dont know what have i done wrong? i just gave birth is it a sin? and i was dismissed not because of my work.
oink17
Member
hi
not too sure if this thread is still active.
just wondering if anyone can advise.
i just heard from my direct supervisor that my MD wanted to propose to the regional COO that he wanted to change the whole team = retrench existing staff and bring in new ones.
This MD is new and he took over my unit in June last year. He has not met his KPI of bringing in new business and making the unit profitable.
Can he use the reason that the company is not profitable and retrench the whole team?
I'm currently 7 weeks pregnant, so i supposed im not covered by the employment act for pregnant women?
not too sure if this thread is still active.
just wondering if anyone can advise.
i just heard from my direct supervisor that my MD wanted to propose to the regional COO that he wanted to change the whole team = retrench existing staff and bring in new ones.
This MD is new and he took over my unit in June last year. He has not met his KPI of bringing in new business and making the unit profitable.
Can he use the reason that the company is not profitable and retrench the whole team?
I'm currently 7 weeks pregnant, so i supposed im not covered by the employment act for pregnant women?
iamblackwitch
Member
oink17 (oink17) : Sadly, the so-called employment act in Singapore does not cover and protect woman enough. For retrenchment: unless u are in your 6th month of your pregnancy, employer can just retrench you without any necessary reason given. MOM is not able to help. For unfair dismissal : if you’re 4th mth pregnant or more, the employer will need to compensate you with the 16weeks maternity leave benefits. B.U.T if they are so-called able to produce some sort of crappy evidence that you’re performing badly in your work, they can dismiss you without any compensation.
kimmielalala
Member
well...mine is sad tragic story like dont know why this happen to me. I didnt know the history of the company but i heard from my Supervisor, that our company did ask people to go when they found out she is pregnant. So i tried to ask HR, HR die die said NO SUCH CASE, and i m the 1st in the company who is mummy to be. Then before that, my boss told me ''MARK MY WORDS, I WILL NEVER GET A REPLACEMENT EVENTHOUGHT U GO FOR MATERNITY LEAVE'' and ''all the people here is my witness'' this type of people, who always said mark their words end up did not even promised, i hope he get his karma soon.
soon, one of this new FT was hired work as customer service in our company, and when they found out she was pregnant, the company cook up few excuses to ask her to leave. I obviously was worried for myself. I do overtime for them, because they said, shorthanded, need to rush to advertisement to be printed. My appraisal was good. Then one unfine day, my water bag broke, and i didnt know what happened, i tried to ask my colleague for help...and the answer i get is ''HAR..I DO KNOW LEH'' then another person said ''I NOT A MUMMY YET'' well..M1 receiption was down, i dono who to contact, last minute panic, dont know what to do..i use company phone to call for my gynea and my husband. gynea asked me to rushed down to KKH. that time, since no one is helping me, i WALKED all the way from my office to take a cab, for 20mins! CAN U IMAGINE, water kept leaking while i walk..and i cried. Waited 10mins, and rushed to KKH and the beloved KKH staff, i asked her for direction, she told me to go to B1 which is their obituary. =_=''
to but the story short, i went back to work 1 day earlier, i emailed my supervisor few times, and sms my colleagues. so, on that day they told me i be sitting in meeting room, cos boss not around, they cant make the arrangement and someone is sitting in my seat. so they passed things for me to do..and do..nothing was mentioned. next day, boss come ignored me..dont know why. and in the afternoon, finally he told me 'ITS TIME, FOR US TO PART, COS WE DIDNT KNOW WHETHER U WANT TO WORK AS FULL TIMER MOM OR STILL KEEN ON JOB'' i felt like fell like from high rised building. i did update my supervisor about my status. but..i kept quiet because in my mind i can lodge a complain to MOM. so i accept and i request for letter of termination. since you asked me to go, there should a a valid reason. My appraisal was good, i did OT as what you told, i didnt skip work but end up i got this.
But MOM cant help me, they rejected me. I was so helpless and sad and fell into depression for 4-6 months. I couldnt pick myself up. I was so depress, everytime i looked at my baby, i cry..and end of the day i realised the lady who took over my job was my supervisor BFF. and supervisor was my boss bootlicker.
and it really took few months for me to stand up.
soon, one of this new FT was hired work as customer service in our company, and when they found out she was pregnant, the company cook up few excuses to ask her to leave. I obviously was worried for myself. I do overtime for them, because they said, shorthanded, need to rush to advertisement to be printed. My appraisal was good. Then one unfine day, my water bag broke, and i didnt know what happened, i tried to ask my colleague for help...and the answer i get is ''HAR..I DO KNOW LEH'' then another person said ''I NOT A MUMMY YET'' well..M1 receiption was down, i dono who to contact, last minute panic, dont know what to do..i use company phone to call for my gynea and my husband. gynea asked me to rushed down to KKH. that time, since no one is helping me, i WALKED all the way from my office to take a cab, for 20mins! CAN U IMAGINE, water kept leaking while i walk..and i cried. Waited 10mins, and rushed to KKH and the beloved KKH staff, i asked her for direction, she told me to go to B1 which is their obituary. =_=''
to but the story short, i went back to work 1 day earlier, i emailed my supervisor few times, and sms my colleagues. so, on that day they told me i be sitting in meeting room, cos boss not around, they cant make the arrangement and someone is sitting in my seat. so they passed things for me to do..and do..nothing was mentioned. next day, boss come ignored me..dont know why. and in the afternoon, finally he told me 'ITS TIME, FOR US TO PART, COS WE DIDNT KNOW WHETHER U WANT TO WORK AS FULL TIMER MOM OR STILL KEEN ON JOB'' i felt like fell like from high rised building. i did update my supervisor about my status. but..i kept quiet because in my mind i can lodge a complain to MOM. so i accept and i request for letter of termination. since you asked me to go, there should a a valid reason. My appraisal was good, i did OT as what you told, i didnt skip work but end up i got this.
But MOM cant help me, they rejected me. I was so helpless and sad and fell into depression for 4-6 months. I couldnt pick myself up. I was so depress, everytime i looked at my baby, i cry..and end of the day i realised the lady who took over my job was my supervisor BFF. and supervisor was my boss bootlicker.
and it really took few months for me to stand up.
Hi all,
Into week 17 of my pregnancy and company is going to announce "reorganisation" plan next week. Pls advise what are my benefits if I were to be retrenched or terminated.
1. I have only informed immediate superior of pregnancy but not HR. Need to inform HR before dismissal news? Or gynae's letter is enough ?
2) I have worked more than 3 years in company.
Thank you
Into week 17 of my pregnancy and company is going to announce "reorganisation" plan next week. Pls advise what are my benefits if I were to be retrenched or terminated.
1. I have only informed immediate superior of pregnancy but not HR. Need to inform HR before dismissal news? Or gynae's letter is enough ?
2) I have worked more than 3 years in company.
Thank you
pixie ng
Well-Known Member
our maternity protection as an employee
If your employer terminates your employment without sufficient cause while you are pregnant, or retrenches you during your pregnancy, they must pay the maternity benefits you would have been eligible for.
To qualify for this maternity protection, you must have:
- Worked for your employer for at least 3 months before receiving the notice of dismissal or retrenchment.
- Been certified pregnant by a medical practitioner before receiving the notice of dismissal or retrenchment.
http://www.mom.gov.sg/employment-practices/leave/maternity-leave/protections-and-obligations