PROHIBITION OF PREGNANT EMPLOYEE'S DISMISSAL DURING THE EARLY PREGNACY UNTIL THE END OF THE MATERNITY LEAVE
Keywords:
employer, working pregnant, worker who has recently given birth, breastfeeding workers, maternity protection, reorganization, bankruptcy, European directive.Abstract
These considerations herein propose to bring in legal debate the potential possibility of an employer to dismiss a pregnant employee, in another situation than that of a reorganization or bankruptcy, even when the employee informed her employer of her pregnancy condition. We shall address this situation considering several hypotheses that the employer may find himself, such as: relocation to a different city, closure of a work site, and suspension of the activity recorded in the Trade Register for a period of no more than three years or cancellation of an entire department. In conclusion, we support that it cannot be accepted, without exception, the argument that a pregnant employee can be fired for reasons unrelated to her state, than in case of a reorganization or bankruptcy, showing that there are situations where the conventional reorganization results in the proper cancellation of the job held by the pregnant employee, but also of other existing jobs in the organizational chart of the company. The legislation provisions in this field are criticized with arguments, appreciating that exceptions should not be limited to judicial reorganization or bankruptcy.References
Ticlea, A., (2013) Tratat de Dreptul Muncii, Edition VII, Universul Juridic Publishing House, Bucharest 2013.
Țiclea, A., (2013) Concedierea - teorie si jurisprudenta, Universul Juridic Publishing House, Bucharest, 2013
Law no.53/2003 - Labor Code, republished in the Official Gazette of Romania, Part I, no. 345 of May 18, 2011, with subsequent amendments Law no.31/1900 on trading companies, republished in the Official Gazette of Romania, Part I, no. 1066 of November 17, 2004, with subsequent amendments Law no.84/2006 on insolvency proceeding, published in Official Gazette of Romania, Part I, no. 359 of April 21, 2006, with subsequent amendments
Government Emergency Ordinance no. 96/2003 on maternity protection at work, published in the Official Gazette of Romania, Part I, no. 750 of October 27, 2003, with subsequent amendments
Government Emergency Ordinance no. 111/2010 on leave and monthly allowance for children, published in Official Gazette of Romania, Part I, no. 830 of 10 December 2010, with subsequent amendments
