Many women are afraid of being fired because of their pregnancy. However, you should be aware that, based on the norms of the new Labor Code, the dismissal of a pregnant woman, with the exception of some cases, is a serious crime on the part of the employer.
Compared to previous years, modern Labor legislation, of course, more reliably protects a pregnant woman from the tyranny of the employer and guarantees her certain rights. But nevertheless, sometimes there are cases when pregnant women are fired, moreover, on completely legal grounds. Despite the fact that these cases are, rather, an exception to the norms established by law, it will not be superfluous to learn more about them.
Dismissal due to the expiration of the term of the employment contract
An employer does not have the right to fire a pregnant employee, even if her employment contract has expired. By law, the employer is obliged to extend the employment contract, thereby preserving her workplace for the pregnant woman. The duties of a working expectant mother include providing the employer with a certificate of her pregnancy and a corresponding statement.
The employee must provide a certificate confirming pregnancy to her employer at the first request, but not more often than once every three months. At the end of pregnancy (if by that time the term of the employment contract has expired), the employee may be legally dismissed by the employer.
Dismissal of a pregnant woman who was replacing an absent employee
If the term of the employment contract of an employee who temporarily works at the enterprise has expired, the employer has the right to fire her. This norm of the Labor Law also applies to pregnant women, but the employee is “in position”, the employer is obliged to offer another position.
This can be either a vacant lower-level position or a position corresponding to her qualifications. Dismissal of a pregnant woman is possible only if she refuses this offer or the company does not provide for positions that a woman in “position” can handle.
Another case where an employer can legally fire a pregnant woman
Dismissal of a pregnant employee is possible in the event of the complete liquidation of the enterprise, its branch or representative office. Upon dismissal of an employee, the company must pay her monetary compensation, the amount of which corresponds to one monthly salary and two monthly salaries for the period of job search.
It is important to know that the employees of enterprises that have been liquidated are entitled to all social benefits for childcare.
