FOSPAH orders that 800,000 rupees be paid to the complainant as compensation, and 200,000 rupees be deposited into the national treasury.
Federal Ombudsman for Protection against Harassment of Women in the Workplace Fauzia Viqar
In a groundbreaking decision that strengthens protections for women workers across Pakistan, Federal Ombudsman for Protection against Harassment of Women at the Workplace (FOSPAH), Fauzia Viqar, has ruled that dismissing a woman during her maternity leave constitutes gender discrimination, imposing a fine of one million rupees on the private IT company.
“Motherhood should never become a barrier to a woman’s career,” said Fauzia Viqar.
This order follows a complaint filed by Zainab Zahrah Awan, who was dismissed in April 2024 while on duly sanctioned maternity leave. The Ombudsman ruled that such dismissal not only violates the Protection against Harassment of Women in the Workplace Act 2010, but also violates fundamental constitutional rights – including dignity, equality and maternity protection – enshrined in Articles 14, 25 and 37 of the Constitution.
“Safe motherhood is not a favor, it is a fundamental right. No woman should be forced to choose between her career and motherhood,” the Ombudsman said, reaffirming that all employers must respect the dignity and equality of women in the workplace.
FOSPAH ordered that 800,000 rupees be paid to the complainant as compensation and 200,000 rupees be deposited into the national treasury, declaring the termination letter null and void and restoring the employment status of the complainant.
In her detailed judgment, the Ombudsman highlighted that maternity protections are non-negotiable and inviolable rights, underpinned by Pakistan’s commitments under international instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights. (ICESCR) and the conventions of the International Labor Organization (ILO).
The decision sets an important precedent for women’s workplace rights in Pakistan, highlighting that any dismissal during maternity leave is illegal and amounts to gender discrimination.
The Ombudsman further urged all public and private organizations to adopt and implement comprehensive maternity and anti-discrimination policies consistent with Pakistan’s Constitution and international obligations.
