termination

The Labor Code confers upon the employer a duty to implement gender equality and non-discrimination principles, which include equal selection criteria, working conditions, benefits, work evaluation criteria, and remuneration for employees. Moreover, eligible employees are entitled to pregnancy and childbirth leave, amounting to 70 calendar days before and 56 calendar days after childbirth. Also, an employer cannot present a termination notice without mutual agreement to an employee they know to be pregnant until the day the baby turns four months old.

“EMPLOYMENT TERMINATION. WHEN EMPLOYMENT IS TERMINATED DURING AN EMPLOYEE’S PREGNANCY, THE EMPLOYER BEARS THE BURDEN OF PROOF TO DEMONSTRATE THAT SUCH TERMINATION WAS NOT DISCRIMINATORY.”

The applicant, Salome Jumbo, claimed she was dismissed as a result of her pregnancy. In 1999, the applicant started as a temporary nurse aid at a clinic and continued in that position until 2001. In 2001, the manager of the clinic assured the applicant that her job had become permanent. On April 4, 2001, the manager discovered that the applicant was pregnant. He immediately warned the applicant that he would not allow her to keep her job if she remained pregnant, as they wanted a permanent nurse aid.

In Neera Mathur v. Life Insurance Corporation of India, a woman applied for employment with the Life Insurance Corporation of India (LIC). After passing the written test and interview, she was required to complete a declaration form disclosing whether she was pregnant and details of her menstrual cycle, and to undergo a medical examination. She submitted the declaration, passed the examination, and was certified fit for the job.

The Termination of Pregnancy Act 2018 (Queensland) was enacted to decriminalize abortion in Queensland. The purpose of the Act is to enable reasonable safe access to termination. The Act permits abortion on request up to 22 weeks of gestation. After 22 weeks, a medical practitioner must consult a second medical practitioner before performing a termination.

The Termination of Pregnancy Act 2021 aims to modernize and decriminalize abortion services in South Australia, ensuring access to safe and legal abortion within a framework that respects the rights and needs of pregnant people. Under this Act, abortion is available on request up to 22 weeks and 6 days of gestation, with abortions beyond this point requiring the review by two medical practitioners.

The Termination of Pregnancy Law Reform Act 2017 (the Act) in the Northern Territory was enacted to reform and modernize abortion laws, significantly improving access to abortion services and prioritizing women's health and autonomy. The Act allows for abortion up to 24 weeks of gestation on the advice of a single medical practitioner, who must consider the woman's physical, psychological, and social circumstances.