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Pregnant while on probation

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  • 20-05-2014 4:23pm
    #1
    letstalktokyo
    Registered Users Posts: 1 ✭


    My wife is currently working in Tokyo for an Irish company. She is Japanese while I am Irish. She originally took up employment in Ireland and was relocated to Tokyo in January as her contract stated that she will be based there. She is still on probation (actually her probation period is 10months, is this normal?). We have recently found out that she is pregnant and we wish to return to Ireland to have our baby. We plan to notify her employer of our intentions however we fear they may terminate her employment as the contract states her base will be Tokyo. We wish to give birth to the child in Ireland for personal reasons and we are concerned the company will not understand our wishes. Does she have any rights to choose where she gives birth while maintaining employment with the company? Can the company terminate her contract if she notifies them that she is pregnant while in her probation period?


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  • Options
    #2
    lynski
    Registered Users Posts: 1,585 ✭✭✭lynski


    really cant answer many of those questions except to say that you do not have to tell until you want to put in for mat leave, about 6/8 wks before due date. You defo do not tell before 3/4 mths, to be on the safe side and as that would be around the same time you would tell family and friends.
    Irish law means they cant discriminate because she is pregnant, but does it apply if she is in tokyo?

    congrats and good luck


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    #3
    blindsider
    Registered Users Posts: 2,016 ✭✭✭blindsider


    letstalktokyo wrote: »
    My wife is currently working in Tokyo for an Irish company. She is Japanese while I am Irish. She originally took up employment in Ireland and was relocated to Tokyo in January as her contract stated that she will be based there. She is still on probation (actually her probation period is 10months, is this normal?). We have recently found out that she is pregnant and we wish to return to Ireland to have our baby. We plan to notify her employer of our intentions however we fear they may terminate her employment as the contract states her base will be Tokyo. We wish to give birth to the child in Ireland for personal reasons and we are concerned the company will not understand our wishes. Does she have any rights to choose where she gives birth while maintaining employment with the company? Can the company terminate her contract if she notifies them that she is pregnant while in her probation period?

    If your wife is based in Tokyo, then I would think that the contract is based on Japanese law, and your wife is entitled to the rights of a Japanese employee. This is normal practice.

    Unless the contract specifically states otherwise e.g. "This contract shall be governed by the laws of the Republic of Ireland". (This usually applies to expat contracts, and even then it's less common than 10 yrs ago.)

    You would need to contact a Japanese Employment Law practitioner for further information. It seems pointless to speculate on what should/might/ought to happen - Japanese law will determine this.

    Probation period of 10 months is a little long for an Irish employment contract, 6 months is average - but it's certainly not excessive.

    I imagine you will want to move back to Ireland sooner rather than later to arrange medical care (pre-natal etc) etc for your wife. IIRC there are restrictions on pregnant women travelling long-haul - worth checking ASAP.

    Best of luck to you and your wife!


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