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Maternity Benefit for Full Time Freelancer & Possible Discriminatory Hiring?

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asked on Oct 30, 2018 at 11:33
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edited on Nov 19, 2018 at 04:28
 
If a contract worker who has been working full time (8am - 5pm, Monday to Friday as stipulated in her contract) is entitled to paid maternity leave from the company. She is now 3 months + pregnant. She has been working with the company for the past one year. 

The company has made it clear and in writing that they intend to bring her on board as a permanent staff, but changed their minds the moment they find out she was pregnant. Instead, they informed her that they will continue to hire her up until she goes on maternity leave and will offer her a full time position after she returns from her maternity. They offered a RM300 increment on her current salary which she will be able to enjoy up until she goes on maternity leave. However, she will not be getting paid maternity leave. Is this wrong and is there anything that can be done? 

I'm hoping someone could help me out with the above.

Thank you!
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3 Answers

answered on Oct 30, 2018 at 12:11
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 However she will not be getting paid maternity leave
This is wrong and is illegal. Breach of Malaysian Employment Laws.
But there is no discriminatory hiring.
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answered on Oct 30, 2018 at 15:49
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She is not staff, just a freelancer. What does she expect?
Fully paid maternity leave?
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answered on Oct 30, 2018 at 18:48
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edited Nov 19, 2018 at 04:32
 
Employment Laws ACT 265 clearly states that once an employee starts work in a company, he/she is already an employee. Has to pay EPF and Socso. EPF & SOCSO have acknowledged them legally as employees. Any variations in a "Contract of Service" that contravenes legal benefits are illegal. For woman, Maternity Leave is compulsory.

If the company did not pay, seek legal recourse at the IRD (Industrial Relations Dept) or Labour Dept.

If the Contract of Service has stated no Maternity Benefits, why join?
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