During pregnancy, maternity leave, childcare leave, and leave for special child care, an employer cannot terminate an employee’s employment contract.
For an employee with a fixed-term employment contract, the contract is extended until the end of the leave period.
A dismissal decision is null and void if, at the time of issuing the termination decision, the employer was aware of the circumstances mentioned in paragraph 1 of this article. Additionally, if the employee notifies the employer of these circumstances within 30 days of the termination and provides an appropriate certificate from an authorized doctor or another competent authority, the dismissal is also considered invalid.
An employer cannot terminate an employment contract or otherwise place an employee at a disadvantage due to their status or activities as an employee representative, union membership, or participation in union activities.
The purpose of this protection is to prevent discrimination and ensure job security for employees in vulnerable situations. The rights and conditions for special dismissal protection are regulated by labor laws and collective agreements, and an employer who violates these provisions may face legal consequences.
Workers who believe they have been unlawfully dismissed can seek legal protection and annulment of the dismissal. In some cases, they may also have the right to reinstatement and payment of back wages. These regulations contribute to strengthening job security and social justice.
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