The New Straits Times
JENNY (not her real name), 29, was given a choice by her boss, George (not his real name), of more than five years when she became pregnant.
She could either leave the company with three months' salary as compensation or stay on with a 50 per cent pay cut.
"Looking back, I should have seen the signs. Once he noticed that I was pregnant, he started hiring more staff. He asked me to train three new people and show them the ropes.
"Three months later, after their confirmation, he started trying to get rid of me," said the senior software engineer.
She could either leave the company with three months' salary as compensation or stay on with a 50 per cent pay cut.
"Looking back, I should have seen the signs. Once he noticed that I was pregnant, he started hiring more staff. He asked me to train three new people and show them the ropes.
"Three months later, after their confirmation, he started trying to get rid of me," said the senior software engineer.
Being six months pregnant, Jenny could not get any other company to hire her.
"I pleaded with George to let me stay until I found something else, but he refused.
"I was earning about RM4,000 a month and knew the loss of income would be a huge problem."
In August, George fired her, claiming that the company was not doing well and could not afford to pay her.
"I knew it was a lie because he was still taking numerous vacations and buying property.
"I tried seeking help from the Labour Department but because I was not covered under the Employment Act (it covers only those with a monthly salary of RM1,500 and below), they said there was nothing much they could do.
"They also said the contract I had was too simple and didn't specify any dismissal clause.
"Although the Labour Department tried to help get my last month's salary which he withheld, I didn't want to upset myself by facing George again.
"When the incident first happened, I believed that at least somebody would help me seek justice.
"But I've given up hope now, the system is simply unfair to us pregnant women who have heartless employers."
Jenny is one of the six women who reportedly lost their jobs recently after becoming pregnant.
They highlighted their problem to MCA Public Services and Complaints Department bureau head Datuk Michael Chong last week.
Two of the women were sacked immediately as they were still under probation while the other four were bullied into leaving well-paying jobs.
A human resources manager for a shipping company in Klang said pregnancy was only one of many discriminations faced by women in the workplace.
According to Peter Kanagaraj, a consultant with Callidus Management Consultancy, most companies do comply with the relevant legislation and recognise the social obligation that pregnancy and childbirth are a woman's fundamental rights.
"However, there is victimisation and dismissals in smaller establishments and certain organisations where the management fail to understand their social responsibility.
"Companies usually have a problem with pregnant employees when they only have a handful of staff and don't want disruption at work.
"If a pregnant employee decides to take emergency leave every week, her employer and other colleagues might face problems.
"We've had employers complain to us that some pregnant employees purposely take a Monday or Friday off, or extend a day or two after a public holiday."
Most multinational companies, Peter says, are more careful because they are bound by human rights laws in their home country and may face embarrassment if found violating such laws here.
"Hence, most of these firms are flexible in these situations. Some may allow an extension of maternity leave to three months with 80 per cent salary during the third month.
"Some also allow their employees to take an additional three months unpaid leave."
What about those who have a string of children within a short period of time?
"Some women may hold a grudge against a colleague who gets pregnant twice a year, but there is nothing that can be done. It's perfectly legal.
"However, it's the employer who needs to be wise in allowing an employee to add to their maternity leave using annual leave."
He says when it comes to issues on pregnancy, the contract of employment is usually silent.
"Since the contract does not normally mention any terms, I would advise employers to ask potential employees in their job application form whether they are pregnant.
"You can't ask someone whether they are planning on getting pregnant because many times, these things are not planned."
So, what are the options available for those who've been unlawfully dismissed?
"If the person is covered by the Employment Act, she may seek help and advice from the Labour Department to make claims for termination benefits.
"However, regardless of whether the person is covered by the Employment Act, any dismissed employee can file a claim for reinstatement at the Industrial Relations Department (IRD).
"Usually, if there is a valid case, the claim will be referred to the Industrial Court (IC).
"In most cases when the employee is found to be wrongfully dismissed, the court would award reinstatement or compensation with backwages."
Peter says although there are more than sufficient procedures in place to protect both employer and employee, the implementation process is greatly lacking.
"There are many cases, but many IRD officers aren't able to distinguish cases with merit. As a result, many genuine cases never get referred to the IC at all.
"The other problem is that even if a case does get referred to the IC, it could take years before it is heard.
"It's about time the Human Resources Ministry looked at proper implementation of the system we have.
"I pleaded with George to let me stay until I found something else, but he refused.
"I was earning about RM4,000 a month and knew the loss of income would be a huge problem."
In August, George fired her, claiming that the company was not doing well and could not afford to pay her.
"I knew it was a lie because he was still taking numerous vacations and buying property.
"I tried seeking help from the Labour Department but because I was not covered under the Employment Act (it covers only those with a monthly salary of RM1,500 and below), they said there was nothing much they could do.
"They also said the contract I had was too simple and didn't specify any dismissal clause.
"Although the Labour Department tried to help get my last month's salary which he withheld, I didn't want to upset myself by facing George again.
"When the incident first happened, I believed that at least somebody would help me seek justice.
"But I've given up hope now, the system is simply unfair to us pregnant women who have heartless employers."
Jenny is one of the six women who reportedly lost their jobs recently after becoming pregnant.
They highlighted their problem to MCA Public Services and Complaints Department bureau head Datuk Michael Chong last week.
Two of the women were sacked immediately as they were still under probation while the other four were bullied into leaving well-paying jobs.
A human resources manager for a shipping company in Klang said pregnancy was only one of many discriminations faced by women in the workplace.
According to Peter Kanagaraj, a consultant with Callidus Management Consultancy, most companies do comply with the relevant legislation and recognise the social obligation that pregnancy and childbirth are a woman's fundamental rights.
"However, there is victimisation and dismissals in smaller establishments and certain organisations where the management fail to understand their social responsibility.
"Companies usually have a problem with pregnant employees when they only have a handful of staff and don't want disruption at work.
"If a pregnant employee decides to take emergency leave every week, her employer and other colleagues might face problems.
"We've had employers complain to us that some pregnant employees purposely take a Monday or Friday off, or extend a day or two after a public holiday."
Most multinational companies, Peter says, are more careful because they are bound by human rights laws in their home country and may face embarrassment if found violating such laws here.
"Hence, most of these firms are flexible in these situations. Some may allow an extension of maternity leave to three months with 80 per cent salary during the third month.
"Some also allow their employees to take an additional three months unpaid leave."
What about those who have a string of children within a short period of time?
"Some women may hold a grudge against a colleague who gets pregnant twice a year, but there is nothing that can be done. It's perfectly legal.
"However, it's the employer who needs to be wise in allowing an employee to add to their maternity leave using annual leave."
He says when it comes to issues on pregnancy, the contract of employment is usually silent.
"Since the contract does not normally mention any terms, I would advise employers to ask potential employees in their job application form whether they are pregnant.
"You can't ask someone whether they are planning on getting pregnant because many times, these things are not planned."
So, what are the options available for those who've been unlawfully dismissed?
"If the person is covered by the Employment Act, she may seek help and advice from the Labour Department to make claims for termination benefits.
"However, regardless of whether the person is covered by the Employment Act, any dismissed employee can file a claim for reinstatement at the Industrial Relations Department (IRD).
"Usually, if there is a valid case, the claim will be referred to the Industrial Court (IC).
"In most cases when the employee is found to be wrongfully dismissed, the court would award reinstatement or compensation with backwages."
Peter says although there are more than sufficient procedures in place to protect both employer and employee, the implementation process is greatly lacking.
"There are many cases, but many IRD officers aren't able to distinguish cases with merit. As a result, many genuine cases never get referred to the IC at all.
"The other problem is that even if a case does get referred to the IC, it could take years before it is heard.
"It's about time the Human Resources Ministry looked at proper implementation of the system we have.
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