Termination due to pregnancy
Aug 10, 2010
I have a friend got terminated because she's pregnant. The Managing Director of the company she's working for the past 6 months verbally terminated her contract last July 17 because she was 7 weeks pregnant. We called the MOL hotline and they told us that any verbal termination is not valid, the company should provide 1-month written notice or pay her one month salary in lieu of the notice if it is not properly given. She returned to work the following day, July 18 and the Managing Director told her that he didn't need her service anymore. She's willing to leave the company, she just want to do it properly and informed the manager about the 1 month notice. He told her that he's going to pay that but he don't like her to be around the office. He doesn't even provide anything in writing. My friend was rushed in the hospital that day due to severe bleeding and her lower abdomen really hurts. Through the trans-vaginal ultrasound, it was found out that her pregnancy was ectopic and they need to remove it at once. She was scheduled for an operation at 10pm. Laparoscopy was done and the doctor removed her left fallopian tube, where the embryo grew, because it already ruptured. She was confined 2 days in the hospital. The managing director came and talked to her husband and agreed to pay her dues. That includes her unpaid worked days, which is 17 days plus one full month salary plus ticket going back to her home country. We thought everything will be fine. 1 week after the operation, her husband went to her employer and asked when they can get her final settlement. They told him that she needs to come personally to get it so she waited until her wound partially healed. Three weeks after the operation she came to my employer to settle everything and to get her final pay, they refused to give her the one month salary and told her that they will only give me the ticket cost and my 17 worked days. Can she file a complaint to the Ministry of Labour? The fact that they did not provided her a written notice of the termination. According to the law, verbal termination can be consider null and void. Please help.