Employment based Employment based

11 months ago

Can an employer refuses to hire an employee due to her pregnancy in India?

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Until and unless the time of refusal to hire an employee for her pregnancy who is already selected following the procedure of selection and officially hired, it may not be possible to comment on this as of now.

But for your information, it is to be noted that pregnancy cannot be a valid reason or cause for refusal of employment if the candidate is already selected even before, after or during her pregnancy and if the matter is litigated upon, the action of the employer may be termed as an infringement of the fundamental right to employment as mentioned under article 16 of the Constitution.

Hope the matter stands clarified based on your insufficient query.
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