An expat woman in Qatar was laid off after becoming pregnant and now she is taking her former employer to court.
Nepali national Srijana Shrestha was an online marketer for Staff Source International, an affiliate of Qatar Maid Service. She was fired in May after she told her boss that she was starting a family with her husband. Shrestha then decided to seek legal counsel.
"The lawyer I spoke to at the court said ‘you are legally married, and you are living with your husband, what’s the issue? There’s nothing in your contract saying you cannot get pregnant," Shrestha told Doha News .
According to Article 98 of Qatar's Labor Law, employers cannot fire female employees for becoming pregnant.
"We came to know through your statement with COO that you are pregnant, which is not acceptable as per the employment contract, since you are working with the company under bachelor status," Shrestha's termination letter says.
"She was doing ok, she got on very well, and then unfortunately she got pregnant," the company's COO Narkaji Gurung told Doha News. "We have more than 300 Filipino and Nepalese women working here as cleaners for us, and whoever gets pregnant, they go."
Shrestha did not work as a cleaner, but even if she did, a legal consultant told Doha News that the company's decision wouldn't be acceptable.
"Stipulating that a female employee not get married or pregnant is flagrant opposition to the legislator’s will and intention in writing (the labor law) and a violation of the letter of the law," Lawyer Abdallah Yusuf said.
According to Yusuf, the termination violates article 35 of Qatar's constitution, "which declares everyone equal before the law." Article 93 further emphasizes the equality of females and males in the workplace.
"Thus, any female worker (especially the case in question) who has been wrongfully dismissed because of pregnancy has the right to sue her employer and demand compensation for this wrongful dismissal," he said.
The company has also said that the issue was with Shrestha's contract and residence permit, claiming that it classified her as "not married." But in order to get the job, Shrestha, who initially arrived on a family visit visa sponsored by her husband, had to have a no-objection certificate from her husband so Qatar Maid Service could become her sponsor before she started working.
Although the case is moving forward, for the time being, Shrestha and her husband have to deal with the bitter reality of her employer's decision. Since she is no longer employed, she no longer has a valid health card or residence permit. This means she will be forced to return to Nepal to give birth alone.
"This has broken my family. Not to have my husband by my side is the worst feeling a wife could go through," she said.
The company has offered Shrestha a settlement of 10,000 Qatari riyals ($2,746), but she has refused this offer. Instead, she is aiming to get the full amount she believes she is owed for salary, leave pay and allowances for the rest of her contract. This would equal nearly 100,000 Qatari riyals.
"A lot of women are scared and they just go back to their country without reporting the case," she said. "But the women I have spoken to say this case needs to be reported so that more women don’t suffer."
Qatar Airways was also accused by the International Labor Organization of discriminating against female workers last year. The carrier’s policy stated that attendants had to remain single for the first five years they worked for the company. Qatar Airways also required workers to ask permission before changing their marital status, and the company could immediately dismiss attendants who became pregnant.
The airline quickly updated its policies and contracts following the criticism.