You have an office in Spain. You have hired a worker, Ms. Jimenez, for a fixed t

Question

You have an office in Spain. You have hired a worker, Ms. Jimenez, for a fixed term and have renewed her contract twice. You have just renewed her contract and discover that she will be giving birth within three months. You send her a notice stating that she is terminated effective in one month (which is two months before her due date). You believe that since she was only on a limited term contract she cannot expect to be treatd like a more permanent employee and given all maternity benefits.
A) Are there any legal concerns here?
B) What impact might this decision have on the advancement of women in employment?
C) How will this affect your hiring practices?

Explanation / Answer

a)The Indian Contract Act will be applicable here

If the terms of the contract allow you to take such action then there might not be legal consequences but it would hurt the image of the organisation.

b)This decision is likely to attract a lot of controversy as people will find this behaviour on your part unethical and immoral. Women will also be reluctant to join such firms where they can be fired just because they are pregnant.

c) This would have an adverse affect on the future hirings as a result of this decision as people will be reluctant to join such a firm where they are treated like Ms. Jimenez was treated. To compensate for such risks ,You are gonna have to pay more to hire new employees and thus the hiring prices will go up.

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