Can they dismiss maternity leave?
A woman who is on maternity leave is under increased protection of the state. It is in relation to such categories of workers that unlawful actions related to unlawful dismissal are most often committed, since they do not bring any economic benefit to the employer. Therefore, Article 81 of the Labor Code prohibits the dismissal of employees during their holidays. When caring for a child before reaching a certain age, the employee is also on vacation, so this rule applies to him. Exceptions are cases of liquidation of an organization or a situation in which an entrepreneur ceases to operate. Under similar circumstances, it is simply impossible to maintain an employment relationship, so the contract is terminated.
What are the reasons for dismissal?
The prohibition on the termination of the employment contract during the period of the employee's employment on maternity leave does not testify to the total impossibility of the dismissal of such an employee. There are other grounds for termination of relations with the employer, to which the prohibition described does not apply. For example, a contract can be terminated in connection with the onset of circumstances that do not depend on the will of the parties. So, if a fixed-term employment contract was concluded with a woman whose action was terminated during maternity leave, the corresponding relationship will also be terminated. In addition, an agreement with the employer can be terminated at the employee's own request at any time, including the period of being in the decree. The possibility of termination of labor relations by agreement of the parties is not excluded.
How to protect yourself from illegal actions by employers?
Since the law only prohibits the termination of an employment contract at the employer's initiative during the period of the woman's being in a decree, numerous variants of violation of the rights of employees in this sphere arise. So, employers by various means often try to persuade women who use the right to leave to terminate the employment contract on an acceptable basis (for example, on their own). To succumb to this pressure should not be, and when fixing any wrongdoings by the organization, its leaders are encouraged to immediately apply to the supervisory authorities, including the prosecutor's office, labor inspection.