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Undisclosed Pregnancy

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1 Undisclosed Pregnancy on Tue Oct 11, 2016 7:00 am

mishael032409


Arresto Menor
Hi Guys,

Meron bang nasasaad sa batas about pregnant women that they need to declare that they are pregnant to the company they are applying for work?

And on this, in case they were hired and the company just discovered this prior to the start date or lets say on the first week, can they stop the employment due to this circumstances?

And if they already within 3 months of working, if this is affecting the performance and attendance of the employee due to pregnancy can this be taken against them?

need your advice

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2 Re: Undisclosed Pregnancy on Tue Oct 11, 2016 8:26 am

HrDude


Reclusion Perpetua
1. Meron bang nasasaad sa batas about pregnant women that they need to declare that they are pregnant to the company they are applying for work?

- WALA, pero kung tinanong ito ng employer at may pagkakataong sumagot pero itinago ito ng empleyado, it is presumed na nagsinungaling ang empleyado.

2. And on this, in case they were hired and the company just discovered this prior to the start date or lets say on the first week, can they stop the employment due to this circumstances?

- Kung ito ay tinanong ng employer at itinago/itinanggi ng employado, siya ay pwedeng tanggalin by reason of Dishonesty. However, ito ay pwede ring masabing 'Too harsh of a penalty' (depende sa position at nature of work ni empleyado).

- Kung ito ay hindi tinanong ng employer at hindi din sinabi ni empleyado, HINDI pwedeng tanggalin ang empleyado dahil lang sa buntis lang ito. Proby employees enjoy security of tenure during his/her proby period and can only be termination based on Just and Authorized Causes under the law.

3. And if they already within 3 months of working, if this is affecting the performance and attendance of the employee due to pregnancy can this be taken against them?

YES, however, you need not be strict and always be in good faith in the assessment NOT only considering their pregnancy.

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