PROTECTION OF EMPLOYMENT RELATIOSHIP OF PREGNANT WOMEN AND ON MATERNITY LEAVE
The employer cannot give notice or terminate the contract of employment during the pregnancy or maternity leave of a female employee unless there are reasons for termination of the contract without notice through the fault of the employee and unless the establishment's trade union representing the employee has given consent to the termination of the contract (Article 177 (1) of the Labour Code).
This rule does not apply to the female employee during the probationary period which does not exceed one month (Article 177 § 2 of the Labour Code).
An employment contract, concluded for a fixed period or for a probationary period which exceeds one month and would end after the third month of pregnancy shall be extended until the day of the childbirth (Article 177 § 3 of the Labour Code).
This rule shall not apply to an employment contract concluded for a fixed period in order to replace an employee during a period of justified absence from work (Article 177 § 31 of the Labout Code) and a contract for temporary work.
A contract of employment may be terminated by the employer with a notice period during pregnancy or maternity leave only in the event of a declaration of bankruptcy or the liquidation of the employer. The employer is obliged to agree the date of termination of the contract with the establishment's trade union body representing the employee. If alternative employment cannot be fprovided by that date, the employee shall be entitled to benefits as defined in separate provisions. The period during which such benefits are received shall be included in the period of employment which determines the employee's rights (Article 177 § 4 of the Labour Code).
In case of unlawful termination of employment contract of pregnant employee never compensation in lieu of reinstatemen is declared or notice of termination is deemed invalid. An exception is a case where the termination of the employment contract is due to bankruptcy or winding-up of the employer (Article 45 § 3 of the Labour Code).
A pregnant woman may not be employed to do overtime work or night work. A pregnant woman may not be posted to work outside her usual workplace without her consent nor be employed in a system of interrupted working time
An employer who employs a pregnant employee at work particularly arduous or harmful to health - specified in the Regulation of the Council of Ministers of 10 September 1996 on the list of types of work that are particularly arduous or harmful to women's health — which is forbidden to such employee, regardless of the degree of exposure to factors harmful to health or dangerous, is required to transfer the worker concerned to another job or, if this is impossible, to exempt her, for as long as necessary, from the obligation to perform work.
An employer employing a pregnant female worker to do other jobs forbidden to such women by this Regulation is obliged to adjust working conditions to the requirements laid down in provisions or limit the working time in order to eliminate any hazards to health or safety of the worker. If the adjustment of working conditions at the current post or shortening the working time is impossible or impracticable, an employer is obliged to transfer the worker concerned to another job and if it is not possble to exempt the worker concerned, for as long as necessary, from the obligation to work. The same rules shall apply in cases where medical restrictions to the exercise of current work result from a medical certificate provided by a pregnant employee.
If a change of working conditions in the current post, shortening of working time or tranfer to another job results in the reduction of remuneration, the worker is entitled to a compensatory allowance.
During the period when the employee is exempted from her duties, she shall be entitled to her existing remuneration.
Once the reasons justifying the tranfer of female employee to another job, shortening her working hours or the exemption from the obligation to work, are no longer valid, the employer shall employ the worker to the same job and within the time laid down in the contract.
An employer is obliged to release a pregnant employee to undergo medical examinations, related to pregnancy, as recommended by a doctor, if that examinations cannot be carried out outside working hours. For the time of absence from work for this reason, the female employee shall retain the right to remuneration.
A female employee shall be entitled to maternity leave of:
a) 20 weeks when she gave birth to one child at one childbirth,
b) 31 weeks when she gave birth to two children at one childbirth,
c) 33 weeks when she gave birth to three children at one childbirth,
d) 35 weeks when she gave birth to four children at one childbirth,
e) 37 weeks when she gave birth to five and more children at one childbirthShare Print