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PROTECTION OF AN EMPLOYMENT RELATIONSHIP DURING MATERNITY LEAVE

The employer may not 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 body representing the employee has agreed 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).

Termination of a contract of employment by the employer with notice during pregnancy or maternity leave may occur only in the event of a declaration of bankruptcy or the liquidation of the employer.  The employer shall agree with the establishment's trade union body representing the employee the date for terminating the contract of employment.  If alternative employment cannot be found 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).

All those prohibitions and restrictions shall apply also to the worker — a father raising a child during a period of maternity leave (Article 177 § 5 of the Labour Code).

In case of unlawful termination of the employment contract of a female employee during pregnancy or during maternity leave never reinstatement or compensation in lieu of notice is declared.

An exception is a situation where the termination of the employment contract is due to bankruptcy or winding-up of the employer (Article 45 § 3 of the Labour Code)

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