新加坡：公司能仅仅因为一名女性员工怀孕或即将产假而将其解雇吗？根据新加坡法律，简短的答案是否定的——然而，过去几年里，已有数十名女性提出申诉，声称她们正是遭遇了这种情况。
SINGAPORE: Can a company sack an employee simply because she is expecting a baby or due to go on maternity leave? Under Singapore law, the short answer is no – yet dozens of women in past years have lodged claims alleging that is exactly what happened.
上个月，雇佣索赔法庭（ECT）作出裁决，判给一名因怀孕和产假而被错误解雇的女性19,800新元（约合15,520美元）的赔偿。根据人力部代理部长贾斯敏·劳（Jasmin Lau）于10月7日的书面议会答复，三方公平与进步就业实践联盟（TAFEP）在2019年至2025年间共收到49起与怀孕相关的歧视投诉。
Last month, an Employment Claims Tribunal (ECT) issued a judgment awarding S$19,800 (US$15,520) to a woman who was wrongfully dismissed because of her pregnancy and maternity leave The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) received 49 pregnancy-related discrimination complaints between 2019 and 2025, according to a written parliamentary response by Acting Minister for Manpower Jasmin Lau on Oct 7. A total of 387 pregnancy-related wrongful dismissal claims were filed at the Tripartite Alliance for Dispute Management (TADM) between April 2019 and 2025, she added.
她补充称，在2019年4月至2025年期间，三方争议管理联盟（TADM）共收到387起与怀孕相关的错误解雇申诉。
Of these, 301 were resolved through mediation by TADM, while the remainder were allowed to file claims with the ECT.
在这些案件中，301起通过TADM的调解得以解决，其余案件则被允许向ECT提起申诉。在这72名选择向法庭提起申诉的人中，有27人获得了赔偿。
Of the 72 who proceeded to file claims at the tribunals, 27 were awarded compensation. But what counts as wrongful dismissal for a pregnant employee, and is there any way that a pregnant employee can be lawfully dismissed?
但究竟什么构成对怀孕员工的错误解雇？怀孕员工是否有可能被合法解雇？《今日早报》（CNA）采访了律师以获取更多信息。法庭为何支持她的主张？
CNA spoke to lawyers to find out more. Why the tribunal ruled in her favour? Referring to the ECT case last month that resulted in a payout, Mr Johnathan Lee Kui Bao, a lawyer at Fong & Fong law firm who was previously a prosecutor with the Ministry of Manpower, noted there were two parts to the case. The first part relates to whether the woman's own resignation amounted to a dismissal, and the second relates to whether such a dismissal was "without just cause or excuse".
参考上个月导致赔偿的ECT案件，曾任人力部检察官、现为方方律师事务所律师的李贵宝（Johnathan Lee Kui Bao）指出，该案包含两个部分。
The tribunal found that it was both.
第一部分涉及该女性员工的自行辞职是否构成解雇；第二部分涉及此类解雇是否属于“无正当理由或借口”。
In particular, it found that the company's real reason was the woman's impending absence from work, due to her hospitalisation leave and subsequent maternity leave.
法庭认定两者均成立。特别是，法庭认为公司的真实原因是该女性员工因住院休假及随后的产假而即将缺勤。
As both types of leave are entitlements under Singapore law, dismissing her for exercising these rights was wrongful, said Mr Lee. What counts as wrongful dismissal for pregnant women or women on maternity leave?
由于两种休假均为新加坡法律规定的权利，因她行使这些权利而解雇她属于不当解雇，李先生表示。什么情况下算作对孕妇或产假中女性员工的不当解雇？
A dismissal may be wrongful where the real reason for it is pregnancy, maternity, or an employee's exercise of a maternity-related employment right, said Ms Amarjit Kaur, Withers KhattarWong's head of its Singapore employment team. The Employment Act prohibits an employer from dismissing a pregnant employee, or issuing her a notice of dismissal, without sufficient cause that is unrelated to pregnancy, said Ms Kaur.
如果解雇的真实原因是怀孕、产假，或员工行使与产假相关的就业权利，则该解雇可能属于不当解雇，Withers KhattarWong新加坡就业团队负责人阿马尔吉特·考尔女士表示。
This protection applies to female employees who have served the employer for at least three months, and is triggered upon certification of her pregnancy by a doctor.
《雇佣法》禁止雇主在没有与怀孕无关的充分理由的情况下解雇孕妇员工，或向其发出解雇通知，考尔女士表示。
Ms Kaur listed some examples of dismissing an employee without sufficient cause:
这一保护适用于在雇主处工作至少三个月的女性员工，并在医生证明其怀孕后生效。考尔女士列举了一些没有充分理由解雇员工的例子：因为她怀孕或将缺勤休产假；为避免支付产假福利；因为她请了与怀孕相关的住院假或病假；给出的理由（如表现不佳或裁员）缺乏证据支持；或通过实际上迫使她辞职的行为。孕妇员工能否合法被解雇？
Because she is pregnant or will be absent on maternity leave To avoid paying maternity benefits Because she took pregnancy-related hospitalisation leave or medical leave Giving a purported reason such as poor performance or redundancy that is not justified by the evidence, or Through conduct that effectively compels her to resign Can a pregnant employee be lawfully dismissed? A pregnant employee can be dismissed for a genuine reason unrelated to the pregnancy, said Mr Mato Kotwani, a partner at PDLegal Singapore. This can be serious misconduct, poor performance, or a redundancy exercise.
孕妇员工可以因与怀孕无关的真实理由被解雇，PDLegal新加坡合伙人马托·科特瓦尼先生表示。这可能涉及严重不当行为、表现不佳或裁员。
"The important question is whether the employer can show that the stated reason is real, objectively supported and unrelated to the pregnancy or maternity leave," said Mr Kotwani. Examples of misconduct by pregnant employees that can result in legitimate firing include dishonest conduct such as theft or misappropriation of company assets, said Mr Faraaz Amzar, a director at Eugene Thuraisingam Asia and a former ECT magistrate.
“关键问题是，雇主能否证明所称理由真实、有客观依据，且与怀孕或产假无关，”科特瓦尼先生表示。
"However, the company must be able to substantiate the allegations with evidence," he said.
孕妇员工的不当行为可导致合法解雇的例子包括不诚实行为，如盗窃或挪用公司资产，尤金·杜赖辛格亚洲公司董事、前ECT治安法官法拉兹·阿姆扎尔先生表示。然而，公司必须能够用证据来证实这些指控，”他说。
If an employer wishes to dismiss a pregnant employee without notice for misconduct, they can do so only after due inquiry, where they set out the allegations against the employee and give her a genuine opportunity to explain herself, said Mr Lee. The employer should maintain proper documentation and evidence of both the cause for dismissal and the inquiry process, he added.
如果雇主希望因不当行为无通知解雇一名怀孕员工，他们只能在进行正当调查之后才能这样做，在此过程中，他们需要向员工说明针对她的指控，并给她一个真正的机会进行自我陈述，李先生说。雇主应当保存解雇原因及调查过程的适当文件和证据，他补充道。
Mr Kotwani said that the protection is stronger once the employee is actually on maternity leave. The Employment Act specifically restricts employers from giving notice of dismissal during that period.
科特瓦尼先生表示，一旦员工实际进入产假，保护力度会更强。《雇佣法》明确限制雇主在该期间发出解雇通知。
Even if there is a legitimate reason for termination, separate maternity-benefit obligations may remain, said Ms Kaur. "MOM states that a pregnant employee who has served her employer for at least three months and is dismissed without sufficient cause or retrenched is still entitled to the applicable maternity benefits," she said.
即使存在合法的终止理由，单独的产假福利义务可能仍然存在，古尔女士说。
How can workers protect themselves?
“MOM 表示，受雇于同一雇主满三个月且被无正当理由解雇或被裁员的怀孕员工，仍有权享受相应的产假福利，”她说。工人如何保护自己？
Ms Kaur said an employee who is pregnant or on maternity leave should first consider whether the dismissal notice was given during her maternity leave itself, or timed to expire during maternity leave. "This is unlawful outright under Section 81 of the Employment Act and will not require a further 'sufficient cause' analysis," she said.
古尔女士表示，怀孕或正在产假的员工应首先考虑解雇通知是否是在其产假期间发出的，或是否安排在产假期间到期。
If the dismissal notice was given at any other point during the pregnancy and the employee has worked for at least three months, the employer will have to show "sufficient cause", said Ms Kaur.
“这在《雇佣法》第81条下显然是非法的，无需进一步进行‘充分理由’的分析，”她说。
Even if the employer cites redundancy or business reorganisation, a pregnant employee can still challenge the dismissal if it is wrongful.
如果解雇通知是在怀孕期间的其他时间点发出，且员工已工作满三个月，雇主则需要证明存在“充分理由”，古尔女士说。
If the employer is alleging misconduct by the employee, she should make sure the employer has conducted a due inquiry and keep clear, contemporaneous records, said Ms Kaur.
即使雇主以冗余或业务重组为由，怀孕员工仍可质疑解雇是否属于错误解雇。
It all boils down to evidence, agreed Mr Lee, advising employees to keep a written record and to save messages, emails and performance appraisals.
如果雇主指控员工有不当行为，她应确保雇主已进行正当调查，并保存清晰且及时的记录，古尔女士说。
After any important conversation, send a short email setting out what was said, he added.
这全都取决于证据，李先生也这样认为，他建议员工保留书面记录，并保存信息、电子邮件和绩效评估。
"The employee in this case did exactly that, asking that any decision to terminate her be put 'in black and white'," said Mr Lee.
在任何重要对话之后，发送一封简短的电子邮件，说明所说的内容，他补充道。
If an employer suddenly raises performance concerns, removes responsibilities or suggests termination, ask for the reasons in writing, added Mr Kotwani.
“此案中的员工确实这样做了，她要求任何终止她雇佣的决定必须'黑白分明'，”李先生说。
"Do not resign in haste: a worker who resigns has to show that the resignation was forced, so get advice before deciding," said Mr Lee.
如果雇主突然提出绩效问题，撤销职责或暗示终止雇佣关系，应要求以书面形式说明原因，科特瓦尼先生补充道。
He added that such workers should seek help early, from the TADM, a union or a lawyer, as wrongful dismissal claims generally have to be filed within one month from the last day of employment.
“不要草率辞职：主动辞职的员工必须证明辞职是被迫的，因此在做决定前应先寻求建议，”李先生说。
Ms Kaur said MOM's maternity-dispute guidance also states that a claim concerning wrongful dismissal during pregnancy and unpaid maternity benefits should be filed after dismissal and within two weeks of the child's birth.
他补充说，此类员工应尽早寻求帮助，可向劳动关系调解局（TADM）、工会或律师求助，因为不当解雇的索赔通常必须在受雇最后一天起算一个月内提出。
Employees should seek prompt advice on which deadline applies to them, said Ms Kaur.
古尔女士表示，人力部的产假争议指南也指出，关于怀孕期间不当解雇及未发产假福利的索赔应在解雇后提出，并在孩子出生后两周内提交。员工应及时咨询，以确定适用于他们的截止日期，古尔女士说。如果员工被迫辞职，是否算不当解雇？
Can it be a wrongful dismissal if the employee is forced to resign? Discrimination is rarely expressed that directly, said Mr Kotwani. He said a tribunal can infer the real reason from the surrounding circumstances.
歧视很少会如此直接表达，科特瓦尼先生说。他表示，仲裁庭可以从周围环境推断出真实原因。“法律承认'建设性解雇'的概念，”法拉兹先生解释道。
"The law recognises the concept of 'constructive dismissal'," explained Mr Faraaz. "This means that where the employer has 'forced' the employee to resign, through its words and conduct, the law will recognise that the employee has been 'constructively' dismissed," he said. This occurs where the employer's conduct has left the worker with no practical alternative or choice but to resign.
“这意味着，如果雇主通过言行'迫使'员工辞职，法律会认定员工是'事实上'被解雇的，”他说。
The tribunal can then find that an employee has been wrongfully dismissed, even though the employee technically resigned, said Mr Faraaz.
这种情况发生在雇主的行为使员工除了辞职之外别无实际选择时。仲裁庭随后可以认定员工遭到不当解雇，尽管员工从技术上看是主动辞职，法拉兹先生说。
However, not every difficult workplace interaction will amount to constructive dismissal, said Ms Kaur. The employee must establish that the resignation was involuntary and caused by the employer's conduct.
然而，并非每一次艰难的职场互动都会构成解雇，古尔女士表示。员工必须证明其辞职是非自愿的，并且是由雇主的行为导致的。换句话说，员工必须有证据来支持其主张。你能否秘密录下老板的谈话以防止被不公平解雇？
In other words, the employee must have evidence to support her claim. Can you secretly record your boss to protect yourself from unfair dismissal? In this case, the woman had a recording of a call with her boss that was a "crucial piece of evidence", said Mr Lee. He said it is generally not a criminal offence in Singapore to record a conversation you are part of, and a court can rely on such recordings.
在这种情况下，这名女性拥有她与老板通话的录音，李先生表示这是“关键证据”。
"The risks lie in how a recording is made and used," he said.
他说，在新加坡，录下自己参与的对话通常不构成刑事犯罪，法院可以依赖此类录音。“风险在于录音的制作和使用方式，”他说。
A person does not generally need the other side's consent to record a conversation they are part of in a phone call or an ordinary meeting. However, being open about it is better practice, said Mr Lee.
一个人通常不需要对方同意即可在电话通话或普通会议中录下自己参与的对话。然而，公开进行录音更为妥当，李先生表示。
"If an employer has a clear policy against recording, or expressly asks an employee not to record, doing so anyway, especially secretly, may be treated as disobeying an instruction and can undermine the employee’s credibility," said Mr Lee. He stressed that recordings should be used only to obtain legal advice or pursue a claim and should not be shared online.
“如果雇主有明确的反录音政策，或明确要求员工不要录音，但员工仍然这样做，尤其是秘密录音，可能会被视为违背指示，并削弱员工的可信度，”李先生说。
If it is, and confidential information is made public, employers may initiate proceedings for damages.
他强调，录音应仅用于获取法律建议或追索诉求，不应在网上分享。如果被分享且机密信息被公开，雇主可能会启动损害赔偿程序。
Mr Lee added that employers are held to a different standard under the Personal Data Protection Act (PDPA) - it does not need consent from employees where recording its staff if the recording is reasonable for managing the employment relationship. However, it must tell them why it is recording, such as through an employment contract, an employee handbook or through HR policies.
李先生补充说，根据《个人数据保护法》（PDPA），雇主的标准不同——如果录音是为合理管理雇佣关系所必需的，则无需征得员工同意即可录制员工。
Secretly recording staff without such notice risks breaching the PDPA, said Mr Lee.
然而，雇主必须告知员工录音的原因，例如通过雇佣合同、员工手册或人力资源政策。
Employers may also restrict staff from recording meetings, but any such policy should be clear, communicated in advance and applied fairly, he said.
李先生表示，未经此类通知而秘密录制员工存在违反《个人数据保护法》的风险。
Ms Kaur said an employee recording a conversation with a colleague or manager for their own personal protection generally falls outside the PDPA.
雇主也可能限制员工录制会议，但任何此类政策都应明确、提前传达并公平执行，他说。
However, if a company's internal policies expressly prohibit covert recording, doing so can expose the employee to disciplinary action, which might then form grounds of misconduct for dismissal, said Ms Kaur.
考尔女士表示，员工为自身个人保护而录下与同事或经理的对话，通常不受《个人数据保护法》管辖。
A contemporaneous written note or follow-up email is often a cleaner way of preserving evidence, Mr Kotwani said.
然而，如果公司内部政策明确禁止隐蔽录音，那么这样做可能使员工面临纪律处分，而这又可能构成解雇的不当行为依据，考尔女士说。
How will the upcoming Workplace Fairness Act change things?
科特瓦尼先生表示，同步书面记录或后续跟进邮件往往是保存证据更清晰的方式。即将出台的《职场公平法》将带来哪些变化？考尔女士表示，《职场公平法》预计将于2027年底生效。
The Workplace Fairness Act is expected to come into effect in end-2027, said Ms Kaur. It protects workers against discrimination and prohibits employers from making adverse employment decisions based on protected characteristics like sex, marital status and caregiving responsibilities, she said. It also includes strict provisions against retaliation for employees who report discriminatory behaviour, said Ms Kaur.
她表示，该法将保护工人免受歧视，并禁止雇主基于受保护特征（如性别、婚姻状况和照护责任）作出不利的雇佣决定。
The upcoming Act also lists pregnancy and caregiving responsibilities among its protected characteristics, and will initially apply to employers with 25 or more employees, said Mr Lee.
她还表示，该法还包括针对举报歧视行为的员工的严格反报复条款。
He said there are clear lessons for employers here, as the court published the judgment last month to "shed light on the kind of adverse workplace culture that working women who choose to have children may encounter from certain employers".
李先生表示，即将出台的《职场公平法》还将把怀孕和照护责任列为受保护特征之一，并将最初适用于员工人数达25人或以上的雇主。
"Beyond legal liability, there are risks to an employer’s reputation and to workforce morale.
他说，雇主在此有明确的教训，因为法院上个月公布了判决，旨在“揭示选择生育的职场女性可能面临的某些雇主所营造的不良职场文化”。
Decisions on performance or conduct must rest on documented, legitimate grounds unrelated to the pregnancy," he said.
“除了法律责任之外，雇主的声誉和员工士气也存在风险。绩效或行为的决定必须基于有文件记录的、合法的且与怀孕无关的理由，”他说。
"If an employer has legitimate reasons to dismiss a pregnant employee, it should carry out the process sensitively: hold difficult conversations in person, with HR present, and confirm them in writing," said Mr Lee.
“如果雇主有合理理由解雇怀孕员工，应以敏感的方式进行此过程：在人力资源部门在场的情况下当面进行艰难的谈话，并以书面形式予以确认，”李先生说。
"Above all, managers should be trained, because the company is answerable for what they say and write.
最重要的是，管理人员应接受培训，因为公司需对其言行负责。在此案例中，一条WhatsApp消息和一次电话通话成为针对雇主的关键证据。雇主必须提升自身水平，为更高的期望标准做好准备。如需了解某个议题或话题，请发送邮件至digitalnews，您的问题可能成为我们网站上的报道。
Here, a WhatsApp message and a phone call became key evidence against the employer. Employers must level up and prepare for the higher standards expected of them." Want an issue or topic explained? Email us at digitalnews Your question might become a story on our site.