The woman, who is on maternity leave, is under increased protection of the state. In respect of such categories of employees are most often committed misconduct related to illegal dismissal, as no economic benefits they bring to the employer. Therefore, article 81 of the Labor code prohibits the firing of workers during their vacation. In the care of the child until the child reaches a certain age the employee is also on vacation, so this rule applies for them. The exceptions are the cases of liquidation of the organization or situation in which the owner ceases to own the activity. In such circumstances it is simply impossible to maintain the employment relationship, so the contract is terminated.
The ban on the termination of the employment contract during the period of the employee on maternity leave does not indicate a complete inability of the dismissal of such employee. There are other grounds for termination of the relationship with the employer, which describes the prohibition does not apply. For example, the contract can be terminated in connection with circumstances that do not depend on the will of the parties. So, if a woman was a fixed-term employment contract has been terminated during the period of maternity leave, the relationship will also be terminated. In addition, the agreement with the employer can be terminated at own request of employee at any time, including the period of the decree. Not ruled out the possibility of the termination of the employment relationship by agreement of the parties.
Since the law only prohibits the termination of an employment contract on the initiative of the employer during the period of women in the decree, then there are numerous variants of violations of workers ' rights in this area. So, employers in various media often tries to persuade women using the right to leave, at the termination of the employment contract on valid grounds (e.g. at own request). To succumb to such pressure should not, and when you commit any unlawful actions on the part of the organization, its leaders are advised to immediately contact the Supervisory authorities, including the Prosecutor's office, labour inspection.
On what grounds possible for dismissal?
The ban on the termination of the employment contract during the period of the employee on maternity leave does not indicate a complete inability of the dismissal of such employee. There are other grounds for termination of the relationship with the employer, which describes the prohibition does not apply. For example, the contract can be terminated in connection with circumstances that do not depend on the will of the parties. So, if a woman was a fixed-term employment contract has been terminated during the period of maternity leave, the relationship will also be terminated. In addition, the agreement with the employer can be terminated at own request of employee at any time, including the period of the decree. Not ruled out the possibility of the termination of the employment relationship by agreement of the parties.
How to protect yourself from illegal actions of employers?
Since the law only prohibits the termination of an employment contract on the initiative of the employer during the period of women in the decree, then there are numerous variants of violations of workers ' rights in this area. So, employers in various media often tries to persuade women using the right to leave, at the termination of the employment contract on valid grounds (e.g. at own request). To succumb to such pressure should not, and when you commit any unlawful actions on the part of the organization, its leaders are advised to immediately contact the Supervisory authorities, including the Prosecutor's office, labour inspection.