Legal practitioner, Francis Xavier Sosu says it is wrong for any employer to discriminate against employees of any gender, especially pregnant women.

He said it is stipulated by law that employers allow pregnant women time off to give birth once they have been made aware of the time.

Going against this law, he said, is an infringement on the fundamental human rights of pregnant women and should not be allowed in corporate organizations.

His comment comes in the wake of a controversial maternity leave policy introduced by Reliance Personnel Services, a recruitment agency for telecommunications company, Tigo Ghana.

The Agency in a memo directed that “an employee who wishes to go on maternity leave will have to apply for break (leave without pay) and reapply for their position after the maternity break.”

It added, “Also note that contract duration is for six (6) months and renewable upon availability of the job and performance.”

The memo has been criticised on social media, with many describing it as unfair.

Speaking on the Super Morning Show Wednesday, Francis Sosu said “The 1992 constitution makes clear provision under Article 12 for the protection of fundamental rights of all Ghanaians regardless of race or gender. Article 17 of the same constitution provides against discrimination on the grounds of gender.

“The 2003 Labour Act (Act 651) also specifically makes provision for women when it comes to maternity leave, so to say that anyone who intends going to on maternity leave will have to apply for a break and not receive any pay within the period then automatically you’re infringing on the Labour Act,” he added.

He explained that Section 57 of the Labour Act specifically provides that women be entitled to maternity leave with pay once their date of delivery is certified by a doctor.

Therefore to “say that people would have to apply for leave of absence means that you are constructively dismissing them and this is supported by the fact that you would want them to reapply after the period.”

Automatically, the employee has been dismissed from employment because they are pregnant and are going to deliver, he said, adding “the law is against dismissal of women who intend to give birth.”

He indicated that although the situation may depend on the conditions of service between the employer and the employee, depending on the status of the employment, the rights of women with regards to maternity leave does not change.

CEO of Davor Consult, Francis Kofi Davor who contributed to the discussion said the employment agencies should not be allowed to take advantage of employees.

“The law does not frown on employment agencies but they would have to conduct their activities within the framework of the law. The fact that you engage an employment agency does not mean you take advantage of that and exploit the worker.”

Institutions of State such as the Labour Ministry must ensure that employment agencies work in accordance with the law, he said.

In his view, there is nothing wrong with employing people through employment agencies but without strong regulations, employees will be unduly exploited.