What to do if you have been sacked while on maternity leave

A few months ago, Mita (not her real name), a pregnant garments worker, while giving an interview to a well-known newspaper, mentioned that she was sacked by her production manager when she was on her authorised maternity leave. According to her, the basis for her termination was a refusal to provide maternity benefits. This is merely one of many stories. If a pregnant employee is terminated owing to her pregnancy, this constitutes discrimination and unjust termination. Before delving into how pregnant workers can assert unfair dismissal, let us briefly review the pertinent legal provisions covering maternity leave and termination procedures in Bangladesh.

Chapter IV of the Bangladesh Labour Act, 2006 addresses the issue of maternity leave. According to section 46 of the Act, women are eligible for a maximum of 16 weeks of maternity leave. They are required to receive the benefit eight weeks before and eight weeks after giving birth. Section 47 outlines the procedure for taking a leave of absence. It stipulates that any pregnant woman qualified for maternity leave may verbally or non-verbally inform her employer that she expects to be hospitalised within eight weeks. Within seven days of giving birth to a child, a mother who has not provided equivalent notification must disclose vital information to her employer. After obtaining the notification, the employer must grant the woman worker a leave commencing the day after the date of the notification. By interpreting these sections, it is evident that if the law requires an employer to give maternity leave, and the employee is terminated during the permitted leave, this constitutes an unjust termination.

Then follows the clause about termination. Often, pregnant employees are terminated without explanation or notification. This termination is referred to as simpliciter termination under section 26. As per this section, the employer has unrestricted authority to terminate the employee. However, before terminating a worker's employment, the employer must provide a notice of 120 days in advance for month-rated permanent workers and 60 days in advance for other workers. For temporary workers, notice must be given within 60 days if the worker is paid every month and 14 days for other workers. This section also provides power to the employer to dismiss an employee without warning; nevertheless, he must pay salary for each completed year of service or gratuity, whichever is more, along with any other benefits to which the employee may be entitled the terms of the 2006 Act.

Now let us return to the underlying issue of how a pregnant employee on maternity leave might claim unjust termination. In this context, section 33 of the Act can shield pregnant employees as the method outlined in this section, known as the grievance procedure, is applicable in the case of termination simpliciter. The whole procedure is outlined below:

A written complaint to the employer

According to this clause, any worker, including a pregnant woman who has a grievance over termination and aims to seek remedy must report their grievance to their employer in writing and by registered post within thirty days after learning the reason for their resentment.

An investigation by the employer, hearing of the  pregnant woman and decision of the employer

Within thirty days of receiving a complaint, the employer must investigate, provide the employee with an opportunity to be heard, and convey the decision in writing to the employee.

Submission of the written complaint to the Labour Court

If the employer fails to offer a decision or if the worker is unsatisfied with the course of action, the pregnant worker has thirty days from the date of the decision to file a written complaint with the Labour Court.

Notifying both parties and hearing before the court

Upon being notified of the complaint, the Labour Court will hear the parties after providing them with notice and issue any orders it deems reasonable and necessary.

Remedies provided by the court

The Labour Court may, among other remedies, order the complainant's return to service, with or without back pay.

Appeal to the Tribunal

If the pregnant worker feels aggrieved by an order issued by the Labour Court, she will have the opportunity to appeal to the Labour Appellate Tribunal within thirty days after the order, and the tribunal's judgment will be final.

Compensation under section 286

Apart from that, regarding compensation, section 286 of the Act stipulates that any employer who violates any condition of Chapter IV is subject to a fine of up to 25,000 taka. Furthermore, while giving a penalty under this section, the court may provide an order to pay all or a portion of the fine to compensate the woman for any loss or harm resulting from the violation.

To conclude, maternity leave is a necessary precondition for working women. However, the unfair termination of a pregnant worker during maternity leave is becoming a growing concern among women in the workforce. Hence it is crucial to enforce the labour laws and keep an eye out for any signs of unjust actions by the employer.

The writer is a Student of Law, Bangladesh University of Professionals.