Hello good people, Kindly assist with this scenario:
A girl was offered a contract for a Graduate position in a reputable company for a specified period of two (2) years, with a renewal clause upon successful completion of the graduate program.
The contract started on October 22, 2012, so it was supposed to end on October 21, 2014. Before it ended, the girl became pregnant and applied for maternity leave, which was granted (in writing) and would extend for 84 days (Tanzania Law) to mid-November 2014—which is beyond the time her contract was to come to an end (October 21, 2014).
The HR Manager sent a separation letter/End of Contract letter to the girl via email while she was still on maternity leave, two weeks before the end of the contract period, stating that the company had no intention to renew her contract. The girl waited until her maternity leave days were over, then she went back to work for clearance.
I want to know if this separation was fair and whether or not it has elements of discrimination against pregnancy. Do we regard the extension of the maternity leave beyond the end date of the contract as a sign of the company's intention to renew the contract, such that the lady was expecting it to happen?
Is there a good case to refer the matter to the Labor Court? What are the chances that she is going to win the case?
Thanks in advance.
From France
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1A girl was offered a contract for a Graduate position in a reputable company for a specified period of two (2) years, with a renewal clause upon successful completion of the graduate program.
The contract started on October 22, 2012, so it was supposed to end on October 21, 2014. Before it ended, the girl became pregnant and applied for maternity leave, which was granted (in writing) and would extend for 84 days (Tanzania Law) to mid-November 2014—which is beyond the time her contract was to come to an end (October 21, 2014).
The HR Manager sent a separation letter/End of Contract letter to the girl via email while she was still on maternity leave, two weeks before the end of the contract period, stating that the company had no intention to renew her contract. The girl waited until her maternity leave days were over, then she went back to work for clearance.
I want to know if this separation was fair and whether or not it has elements of discrimination against pregnancy. Do we regard the extension of the maternity leave beyond the end date of the contract as a sign of the company's intention to renew the contract, such that the lady was expecting it to happen?
Is there a good case to refer the matter to the Labor Court? What are the chances that she is going to win the case?
Thanks in advance.
From France
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In the Indian scenario, the decision not to renew her contract is the right decision. I don't know what the law states in Tanzania.
Contract Expiry and Employee-Employer Relationship
First of all, she was on a fixed-term contract with the company for two years. On the expiry of the contract period, i.e., on 21st October 2014, the employee-employer relationship will come to an end. There is no need to send a termination letter, and from 22nd October, she is not an employee of the organization.
Company's Intention Regarding Contract Renewal
Secondly, the company has only informed that they are not interested in renewing the contract beyond the original tenure, which will end on 21st October. That communication should be taken as an intimation that no further benefits, either in the form of leave or medical assistance, can be expected.
Disputable Issues
Now, coming to the doubtful or disputable issues in it. There are two things that can be taken as an issue for dispute. One is that the company had approved 84 days leave. That means she can be on the company's payroll until the middle of November 2014, and there could be an automatic extension of the contract till that date. If her services are terminated before that, she can raise an industrial dispute.
The period of maternity leave that extends beyond the contract period is the second matter of dispute. Again, the company can take a stand that her services stand terminated on 21st October, and for the remaining period, there is no liability. But will it be convincing when the company had approved leave until the middle of November?
Friends, please discuss.
Regards,
Madhu.T.K
From India, Kannur
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Contract Expiry and Employee-Employer Relationship
First of all, she was on a fixed-term contract with the company for two years. On the expiry of the contract period, i.e., on 21st October 2014, the employee-employer relationship will come to an end. There is no need to send a termination letter, and from 22nd October, she is not an employee of the organization.
Company's Intention Regarding Contract Renewal
Secondly, the company has only informed that they are not interested in renewing the contract beyond the original tenure, which will end on 21st October. That communication should be taken as an intimation that no further benefits, either in the form of leave or medical assistance, can be expected.
Disputable Issues
Now, coming to the doubtful or disputable issues in it. There are two things that can be taken as an issue for dispute. One is that the company had approved 84 days leave. That means she can be on the company's payroll until the middle of November 2014, and there could be an automatic extension of the contract till that date. If her services are terminated before that, she can raise an industrial dispute.
The period of maternity leave that extends beyond the contract period is the second matter of dispute. Again, the company can take a stand that her services stand terminated on 21st October, and for the remaining period, there is no liability. But will it be convincing when the company had approved leave until the middle of November?
Friends, please discuss.
Regards,
Madhu.T.K
From India, Kannur
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Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf
Maternity Leave Policy - posting.doc