While the employee is on leave to care for a child, the employer must hold her position for the duration of the decree that is written in 256-th article of the Labor Code. Also in the 22nd article of the code stated that after returning from maternity leave, management must provide the employee those duties that are stipulated in the employment contract. Accordingly, the reorganization of the company or the reduction of positions is grounds for dismissal, which in this case is not legitimate.
In addition to maternity leave, employers are prohibited to dismiss women if:
- she is the mother of a child under the age of three years,
she is the mother who is raising a child up to 14 years
- is a single mother raising a minor child with a disability.
According to the 234th article of the labour code, in case of unlawful dismissal the employer shall bear material liability to the dismissed employee. On issues related to violation of labour legislation, to appeal to the state labour Inspectorate, the Prosecutor's office or directly to court.
If a pregnant woman were employed on fixed-term contracts, to fire her, the employer has no right. In addition, if the termination of the employment contract is expected during pregnancy, the contract is extended for the period up to the end. If the term of the employment contract exceeds the time of pregnancy, the woman takes a leave for child care, which will be completed for the return of the main worker or the expiration of the employment agreement.
The liquidation of the organization
On the liquidation of the company the management should inform us at least 2 months before its occurrence. Moreover, the notification must be signed by the employee. In the process of elimination is the leader's responsibility to sign the order of dismissal of employees. In the workbook is marked.
In the liquidation the employees are paid the following charges:
for all holidays, missed during the work;
- severance pay equal to monthly income;
- while the employee will be looking for a new job, the organization needs him every month to make payments in the amount of average salary. The term of these payments is not to exceed 2 months. If the employee within 2 weeks after the reduction has risen on account of the employment center, but has not been employed for 2 months, the organization must pay the average monthly salary in the 3rd month.
The employee on maternity leave, is dismissed due to the termination of the organization's activities, is based on one of two payment choices:
- unemployment, if it stand on account of the employment service
the allowance for child care when handling to Office of social protection of the population.
If during the liquidation of the company the woman is in holiday on pregnancy and maternity leave, payment for leave must be repaid in full for the entire period.