- No, it is illegal to terminate a pregnant woman just because of her pregnancy.
- Employers do not have the right to fire their employees because they are pregnant or on maternity leave.
- Employers also cannot discriminate against an individual just because they are pregnant.
- The Sex Discrimination Ordinance (SDO) protects all pregnant women workers and pregnant women applying for work.
It is illegal to terminate a pregnant woman just because of her pregnancy. Just because a woman is pregnant does not mean that she is unable to fulfill her job duties or is inefficient. However, it is not illegal to terminate pregnant women from work if an employee has committed proven-serious misconduct.
Employers do not have the right to fire their employees because they are pregnant or on maternity leave. Under Hong Kong’s labor legislation, an employer may not dismiss a pregnant employee who is employed under a continuous contract and who has served notice of pregnancy to the employer. If a pregnant employee is terminated before she receives notice of her pregnancy, she may give notice as soon as she receives notice of termination. In this case, her employer must withdraw the notice of dismissal. They also cannot discriminate against an individual just because they are pregnant. The Sex Discrimination Ordinance (SDO) makes it unlawful for an employer of a Hong Kong organisation to disadvantage or dismiss a woman on the ground of pregnancy. Unfortunately, some employers are not aware of their worker’s rights or have misused their power. For example, not hiring pregnant MDWs, dismissing them without jusitifiable reasons during pregnancy or after maternity leave,etc.
The Sex Discrimination Ordinance (SDO) safeguards all pregnant women workers, including migrant domestic workers (MDWs), who encounter or are experiencing pregnancy discrimination at their workplace. Not only The Sex Discrimination Ordinance (SDO) protects all pregnant women workers, but it also protects pregnant women applying for jobs.
But remember, you must take active steps to activate your legal protections!
Therefore, if you have been a victim of pregnancy discrimination, you can do the following steps:
- Write down what happened.
- Get emotional support from friends and family.
- Talk to your union representative if you are represented by a union.
- Talk to someone from an NGO such as PathFinders
- Talk to your employer.
- Find out how other pregnant employees have been treated.
- Keep doing a good job.
- Keep a record of your work.
- Lodge a complaint with the EOC.
- Find out more about your legal rights.
You have the right to voice out the unfairness you experienced, and no individual should suffer from pregnancy discrimination.
Remember, you are not alone. Each year, many women experience pregnancy discrimination and lodge complaints with the Equal Opportunities Commission (EOC). You can ask the EOC for help.
For more details, please visit: https://www.eoc.org.hk/en/discrimination-laws/sex-discrimination-laws/know-your-rights-pregnancy-discrimination or call at 2511-8211
Source: Equal Opportunities Commission
PathFinders is a charity that helps migrant domestic workers who have become pregnant, given birth to children in Hong Kong, or have overstayed their visa.
All our services are FREE of charge.
Learn more about PathFinders:
https://staging.pathfinders.org.hk/en
For General Inquiries:
Email us at info@pathfinders.org.hk, or send us a message on our Facebook page (PathFindersHK / PathFinders for Migrant Workers).
Client hotline for pregnant migrant workers, or migrant domestic workers with children: +852 5190 4886. (Sun-Fri 10am-6pm Sat 10am-2pm)
Address: Unit 2D, Worldwide Centre, 123 Tung Chau Street Tai KoK Tsui, Kowloon