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MOM will not hesitate to act against errant employers

Employment practices
  • TODAY (02 March 2011): MOM will not hesitate to act against errant employers
  • TODAY (24 February 2011): Three months pregnant and fired

MOM will not hesitate to act against errant employers
- TODAY, 02 March 2011

We refer to the letter by Ms Jeslin Neo (“Three months pregnant and fired”, 24 February 2011).

2. Pregnant employees are protected under the law against unfair dismissals and from being denied their maternity leave benefits. The Ministry of Manpower (MOM) takes a serious view of complaints on the denial of maternity leave benefits, and will not hesitate to take enforcement action against employers who deny their employees such benefits if they are entitled to it.

3. With regard to Ms Neo’s case, she came down to the Ministry on 11 February. Our officer duly informed her on her rights under the Employment Act, and she was also advised to write in on the matter. A day before her TODAY letter was published, MOM received her letter. We have since contacted her directly and we are looking into the complaint.

4. Employees who feel that they have been unfairly dismissed because of their pregnancy can approach the Ministry for advice and assistance. They are advised to file their case as early as possible, within 1 month of their dismissal – they need not wait till the birth of their child. They can email mom_lrd@mom.gov.sg or call the MOM hotline at 6438 5122, so that their case can be properly investigated.


Three months pregnant and fired
- TODAY, 24 February 2011

THREE weeks ago, I was unceremoniously retrenched by my employer, a travel company. I was three months pregnant.

Having joined this company last September and placed on three months probation, I discovered my pregnancy in November and immediately informed the company.

Although I was reassured that I would receive fair treatment, my probation was extended by another three months in December. It cited my poor attendance as the reason for this.

I took a total of 6.5 days of unpaid leave due to bouts of sickness during a difficult first trimester and scheduled appointments with my gynaecologist. Upon knowing that the company was dissatisfied with my attendance, I rescheduled all appointments to the evenings so that I could go after work. On a number of occasions I even went to work despite being sick.

Finally, on Jan 31, just before Chinese New Year, my employment was terminated and I given a week's salary in lieu of notice. My letter of termination cited staff restructuring as the reason.

I have since then gone for several job interviews for positions related to my three years of experience in the travel industry. All of them baulked at my pregnancy, even when I declared that I would not claim maternity leave. One company candidly told me my pregnancy was a major consideration for them.

I am still unemployed.

I consider conceiving this child a gift to me but this joyous occasion has been tarnished by the retrenchment.

Now that I am almost four months pregnant, it is hard for me to get employed and with the baby due in July, this unemployment period could stretch to a year. I also have a two-year-old daughter to take care of, and with the medical costs of my pregnancy, my family is struggling to get by with the sudden loss of my income.

I have approached the Ministry of Manpower for help and have been advised to file a claim for maternity leave after giving birth. I have also written in about my unfair treatment but the outcome of that is anybody's guess.

The Employment Act clearly states that any pregnant staff (permanent, contractual or probation), having worked 90 days for an employer before the child's birth, is entitled to maternity leave.

I had worked for my former employer for more than 100 days and I do not understand why this rule is not enforced. The onus is still on the pregnant worker to file a claim. There should be a stronger support system in place to address the problems that we face.

If employers can fire expectant mothers at will, it is no wonder the birth rate is declining. I hope this sheds some light on the cruelties that some pregnant workers have to go through.