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!!!
Samir Modasia (Lawyer Daman 09825947684) 08 February 2010
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!!!
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......