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Samir Modasia (Lawyer Daman 09825947684)     08 February 2010

Pregnancy Test before employment

Friends,

Is there any provision that a pregnancy test can be done by employer before hiring a lady employee in hospitality or tourism or aviation business? Is it legal to do such test before hiring? Any legal provision under any act!!!



Learning

 5 Replies

Daksh (Student)     08 February 2010

Samir,

Absolutely no as the same would tantamount to infringement of Article 21. 

Thanks and best regards

Daksh

Daksh (Student)     08 February 2010

Samir,

A female worker whether  employed in any hospitality or tourism or aviation business comes within the defination of "Workmen" in an Industry as such all the requisite laws and bye laws comes into play.  

The only solace what comes to my mind is the duly approved or vetted Model standing orders and just policy of an establishment, undertaking or industry.

Best regards

Daksh

 

Amardeep Srivastava (Senior Law Officer)     08 February 2010

Dear Samir,

Every employer has a right to ascertain whether a candidate is medically fit for the job or not. Certain period of pregnancy is treated as not fit for working and therefore such candidates are treated as temporarily unfit for the employment.This practise is not restricted to hospitality, tourism and aviation only, but is being followed in the factories too.

Amardeep

Anil Agrawal (Retired)     09 February 2010

 I think for the job of air hostess, a pegnant woman is not taken.

Suresh CSLLM (Service)     16 February 2010

every one has to be very careful.....should take all precautions......


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