Layoffs For Getting Pregnant?
Every year, thousands of moms-to-be lose their jobs. Not out of incompetence or lack of ambition ; much simpler. It is because they suffer discrimination from the companies that carry out the layoffs due to the fact that the woman has become pregnant.
The pregnancy of a woman represents, in addition to the law, a moment of true suspension of the employment relationship between the worker and the employer.
Motherhood and work, unfortunately, do not always get along well; it is even common for psychological harassment or dismissals to occur after future mothers have communicated the pregnancy.
The fact that in a few months the worker will be away from the office for a few weeks comes to the employer’s mind; the matter is so serious that it even goes so far as to have layoffs for getting pregnant at the expense of professional training.
it’s not a choice
Many women are still forced to choose between motherhood and a professional career. Often, those who force them are men who, physiologically, cannot understand what the desire for motherhood is.
They also don’t understand how their achievement increases skills and the tendency to multitask without undermining professionalism. Anyway, if this still happens, it’s because people in general don’t have adequate knowledge about the laws.
You should know that, by officially declaring pregnancy, you will be able to claim the benefits provided for in the collective agreement applicable in the company; this will cancel any indication of dismissal by your employer.
In fact, according to the labor legislation, it is prohibited to be fired for having become pregnant, although there are exceptional cases.
Cases of layoffs for getting pregnant
Exceptionally, the dismissal of the pregnant worker is only allowed in the following cases:
- Severe employee negligence: this falls to the extremes of the so-called just cause for terminating the employment relationship or for having had a fight on the company’s premises.
- End of the company’s activities or end of the service for which the worker was hired or the end of the employment relationship due to expiration of the term.
- Negative result of the trial period: in this case, however, if the pregnancy status is known, the worker will have the right to obtain exhaustive explanations about the causes of the negative evaluation; the aim is to exclude with reasonable certainty that the termination of the employment relationship was determined by pregnancy.
Once we’ve analyzed the three reasons why you are allowed to be fired for getting pregnant, we want to offer some tips to let you know when is the best time to share the news at work. That way, you’ll know how to make the announcement at the right time.
When is the best time to communicate that you are pregnant at work?
In fact, the law does not oblige any woman to report her pregnancy before the seventh month, when pregnant women must present the documents to start maternity leave.
However, if you have a good relationship with the company, the most consistent thing to do is give them enough advance notice so they can get ahead and get organized. This way, the company will be able to prepare to replace you during your absence.
It is important to remember that, in itself, this is the happiest news in the world; therefore, it is good to face the moment with great serenity and positivity, ensuring, perhaps, that, if the physical conditions allow, you will continue carrying out the tasks until the eighth month and, in addition, you will be willing to train the person who will take your place. during your absence.
In any case, it is better to check the conditions of your contract: in some it is indicated that you must communicate the fact well before the seventh month. Keep in mind that if you do work that could be dangerous or risky for the smooth running of your pregnancy, it is appropriate to communicate this as soon as possible so that you can be relocated to safer positions.
In short, we advise you to be brave and face your condition as a mother-to-be with pride. Remember that you have many rights and can only take advantage of them if you communicate this news at the right time.
