The Federal Ombudsman for Harasts (FOSPAH) has imposed a fine of five lakh rupees on a private company after taking strict notice of the incident of dismissal of a female employee during her approved maternity leave. In the judgment pronounced on Tuesday, this initiative of the organization was clearly declared as gender discrimination and illegal under the category of Workplace Harassment Pakistan.

This judgment is a major legal victory for all women who face unannounced pressure and coercion to take maternity leave while employed in the corporate sector. In its order, the ombudsman has clarified that making maternity leave a ground for dismissal is a serious offense and violates basic economic rights of women.

Important details of the decision

According to the departmental investigation, the affected woman had applied for maternity leave by fulfilling the legal requirements, which was approved by the company, however, during the leave, the management gave a cruel decision to dismiss the woman.

  • Amount of fine: Five lakh rupees as compensation is ordered to be paid to the aggrieved employee.
  • Compulsory reinstatement: The woman is directed to be immediately reinstated to her previous position and pay all dues.
  • Legal Action: This decision is issued under the Gender Discrimination and Harassment Act.

What you should do

If you or someone you know is illegally fired while pregnant or on maternity leave, don't sit idly by. Keep all written orders, emails and messages safe. You can feel free to file your formal complaint at the Federal Ombudsman for Harast (FOSPAH) office in Islamabad or on their online portal. Filing a complaint at the initial stage does not require an expensive lawyer.

What happens next?

Labor rights experts are monitoring whether the concerned private sector implements the court decision immediately or challenges it in the High Court. Apart from this, labor unions and organizations working for women's rights are demanding from the Ministry of Human Resources that stricter penalties should be imposed under an automatic system against institutions that violate maternity rights. Other such cases are expected to rise in the coming days.