At the time of on boarding in any org. , female employee was ask to submit medical fitness certificate including pregnancy test report.
Pregnancy test report found positive, than can we drop her candidature or can we extend her joining date.
Legally what is the best possible step we can take?
Regards
Vivek Kumar Singh
MrVivek Kumar Singh,
Chandigarh
Your Post in Cite HR is quoted hereunder:
Quote:-" At the time of on boarding in any org. , female employee was ask to submit medical fitness certificate including pregnancy test report. Pregnancy test report found positive, than can we drop her candidature or can we extend her joining date.
Legally what is the best possible step we can take?" Unquote
Clarification from Kritarth Team of HR Practioners:--
Lets be True Indian who Honour & Uphold our Constitution, in Letter and Spirit. Right to Pursue any Avocation, Profession & Be Self-Reliant is Fundamental Right of Indians including Women.
This was again Reietrated/& Highlighted by Honble Madras High Court in their Order / Judgement of Mrs. Justice S.Vimala who recently, on 7 January, 2019, reportedly "directed the Govt 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 at difficult circumstances on account of pregnancy or maternity or other natural causes.
The Order/Judgement reads as follows:
"The pregnancy and the child birth should not be considered as the impediment for Discharge of Duty. The concessions given to pregnant women shall not be construed as a Concession towards personal comfort of the women. The child birth should be considered as a contribution to continuity of generations, without which the existence of the world is impossible."
As Law-abiding Citizens and Law-Compliant Corporates/Employer/Management a -cOMPLIANT cORPORATE
An Addendum from Kritarth Team to previous Post inadvertently released minutes ago:--
...." As Law-abiding Citizens and Law-Compliant Corporates, Employers, Management and Human Resource Management& Development Funtionaries and Practioners, let us Reslve to abide by our Own Constotitution and the Laws including Case Laws.
For the Laws ask None if s/he 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
Hi Mr Kritarth & Team,
My question is very simple:
Can we ask female employee to provide Pregnancy test report at the time of joining ?
If Pregnancy test report is positive than , can we extend her joining ?
What laws say?
Request to clarify.
Thanks & Regards
Vivek Kumar Singh
Dear vivek,
The suggestion from Kritharth team is well in line of your querry.
The organisation is your's you can adopt any policy and decission as suits to you. No body can suggest aginst the rules of land.
Your querry itself is a discrimnatory one and one is free to go legal if the conditions is discriminatory, choice is yours.
You can avoid this by hiring only unmarried candidates or can put pre condtion prior to interview.
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