What to do if you were fired on maternity leave
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 from dismissing women if:
- she is the mother of a child under three years old,
- she is a mother who alone brings up a child under 14,
- is a single mother raising a disabled minor child.
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.
Liquidation of an 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.
Upon liquidation, the employees are paid the following charges:
- for all vacations missed during work;
- severance pay equal to the monthly average 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.
An employee on maternity leave, dismissed due to the termination of the organization’s activities, is entitled to one of two payments to choose from:
- unemployment benefit, if it will be registered with the employment service
- Child care allowance when contacting the Department of Social Protection of the Population.
If during the liquidation of the company a woman is on maternity leave, then the payment for the leave must be paid off in full for the entire period.