Female staff Illegal Pregnancy and abortion in Dubai - legally what will be the ground to be able to terminate her? - CiteHR
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Dear All, I would like to get your opinion regarding our one female staff who was illegally pregnant (on her single status) and had committed induced abortion. I want to know legally what will be the ground to be able to terminate her as the management had decided to stop her work relationship with our company. Please be advised that we are based in UAE, wherein there is a strict stipulated rules that a female cant get pregnant in Dubai without legitimate marriage contract but I cant find the exact article to be the basis of her termination.
Dear Pinky,
You go ahead with termination policy you can terminate the people with out showing any reason but you should pay the notice period to her. and do not discuss with anybody in your office make it smoothly.
Or else you can ask her alone to resign the job by showing the same reason i hope she will co-ordinate with make you have to show her FNF benefits also.

Please don't be harsh on her. She committed a SIN. Let her feel and realize for her mistake. You can ask her to give it in return stating that, she will not repeat the same. If found guilty in 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 COMMITTED CRIMES/SINS/MISTAKES?. Why bachelors love to work in DUBAI and considered it as HEAVEN wherein they hate to work in SAUDI ARABIA or KUWAIT or OMAN?
With profound regards

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 un-wed mothers should be looked down upon or carry a stigma; in a world where divorce has become so common; and live-in relationship has 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.

Dear Pinky,
What she has done is wrong, but, we are no one to punish her. Further, 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 realise. As a friend you can make her understand that what she is doing is not correct and she should not repeat in future. Sometimes, people get carried away, when no one is there to make them understand
Regards,
Grettapl

Dear All,

I appreciate all your comments. I also believe in LIFE and RESPECT. And that was all the full reason that I am continuing my passion to be at the Human Resources field. It is always good to know and weigh on things as per my same co-professionals points of view. I was also a Social Worker by profession back in my country and I do understand most of the plight of Women all over the world. I believe that she is a victim of the situation and if given a chance will never choose to be on the same situation again. Not to worry for each and everyone who had given their valuable opinions, Her case will be confidential as always (being a part of our Ethics as HR professionals), and in some cases our decision varies as per the norm of the country and in that manner as well we have not any right to judge what their norms and culture are but also to fully understand diversity and respect others culture as well.

What is more important is that, wherever we are irregardless of the environment, cultural differences and beliefs, our decision should always be guided by the Principles of life.

With her case, considering the law of the country and the company's point of view, I recommended to the management, that I will counsel discuss with her the actual situation with transparency. Termination shall be out of the question, and will let her leave the company with a dignity on and will let her find another job and consider her case close. I proposed also to the management to terminate instead my co-HOD who had caused the same.

More power to Cite.HR and a sincere appreciation to all your comments and advise.

Can anyone explain why she needs to be terminated? She had a relation 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 a 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.
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.
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 the 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 managements 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

Am Surprised to see all the comments, It's her personal life and we have no rights to inter-fear in personal life of Individual and , if at all you need to terminate the services of Individual you do not need any reason's as such.
issue a simple letter of termination as per the rules and policies of the company.


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