Prohibition Of Pregnant Employee’s Dismissal During the Early Pregnacy until the End of the Maternity Leave

Corneliu Benţe ()
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Corneliu Benţe: Doctoral Candidate - is the founder and chairman of the National Labor Law Expert Union and team coordinator who created the occupational standard for the profession of Labour Law Expert. He is also the founder of LEX Academy - the School of Excellence for labor legislation and administrative studies and lecturer authorized by the National Authority for Qualifications. Corneliu has over 10 years experience in Labour Law, working in the field of training and consultancy, participating in training programs in human resources, labor relations of health and safety at work. He is a lawyer by profession, Doctoral candidate in Labor Law in the Doctoral School of Law near the Police Academy "Alexandru Ioan Cuza" University of Bucharest. He is a contributor to the transport magazine and logistics "RBT" and worked in various fields, as well as non-governmental organizations, educational institutions, units of labor placement, research institutes and automotive industry. He participated in the FLEXINOV - flexible and innovative enterprises which conducted the following studies and works: Flexibility an efficient method for performing and innovative organizations ; Analysis of models and guides to good practice of existing functional flexibility and applicable in the EU and Romania;Flexibility an efficient method for performing and innovative organizations ; Analysis on the flexibility models applied in Romania’s organizations in developing regions of Bucharest - Ilfov, South - Muntenia and Center; Functional Flexibility - Good Practice Guide for Employees;Functional Flexibility - Good Practice Guide for Employers.

Jurnalul de Studii Juridice, 2013, vol. 3-4, 85-94

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.

Keywords: employer; working pregnant; worker who has recently given birth; breastfeeding workers; maternity protection; reorganization; bankruptcy; European directive. (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2013
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:3-4:y:2013:i::p:85-94

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