Following the recent decision of the Constitutional Court, dated October 10, 2013, which dictates that the protection of pregnant workers against dismissal can not extend the probationary period, except when fundamental rights are violated, there has been some uncertainty on the employment status of the same. Led by ABA Lawyers, and based on their experience, we explain some basic points to keep in mind by all those working women who are pregnant or planning to become pregnant soon.
The company may dismiss a worker in all cases, whether they are pregnant, enjoying breastfeeding leave, reduced hours or leave to care for a child. The difference between dismissing a blurry worker during the first nine months after the birth of the child or while enjoying a reduction in working hours, and another that is not in any of these situations is that in the first case, if the dismissal was unjustified, would be zero. In this case, the company would be required to reinstate the worker to his job, once the court recognize the illegality of dismissal without possibility (unless otherwise agreed), replacing the returns under the payment of compensation. In all other cases, the dismissal would be inappropriate, so the company should pay the compensation.
There is no obligation to notify the company that the employee is pregnant. Thus, in the case of unjustified dismissal, it would be zero, regardless of whether or not the company know their status, so that the worker is entitled to reinstatement in their jobs.
The regions are entitled to maternity leave under the same terms that an employed person. To do this, you must have paid at least 180 days during the last 7 years, or 360 days over their entire working life.
The possibility of uniting all nursing hours to exchange them for days off depends on what you set the collective agreement or what is agreed with the employer.