To conclude with this series of eight posts on Pregnancy and Work, we will address one of the most conflictive issues that exist in the employment relationship between companies and pregnant or breastfeeding women, such as layoffs and claims for breach of contract by companies.
We have been able to verify extensively throughout the trajectory of this series how there are countless assumptions that generate an abuse of position by companies and how the rights that protect a woman in the gestation period are systematically violated. Know all the defense mechanismsThey are vital to stop abuses by companies in these special circumstances for women.
Null layoffs of pregnant women
The first assumption we are going to analyze is the dismissal figure from the moment that the company has proof that a woman is pregnant and until she runs out of maternity leave and enjoys breastfeeding hours.
Current legislation declares null and void any dismissal in the previous circumstances. These dismissals can be carried out either in temporary contracts before their completion arrives and in indefinite contracts.
Companies can dismiss freely and unless they demonstrate reliably that there is a dismissal, either for the realization of very serious faults of the worker, at the time we request the readmission to the job in the labor intermediation bodies, within a maximum period of 15 days, the labor authorities will fail in our favor forcing the company to carry out our readmission within the workforce.
However, the dismissal should not be confused with the non-renewal of the temporary contract, extreme that the company has full freedom not to exercise it if it considers it appropriate, regardless of whether the woman is pregnant or not.
On the other hand, in the case of hiring pregnant women, there have been several cases of judicial sentences that have ruled as fraud to hire a pregnant woman, alleging Social Security that the only reason that caused the hiring has been the obtaining undue benefits by the pregnant woman. See to believe but it happened with a company in Girona.
Claims for breach of contract, breastfeeding hours or risk prevention
The second major battlefield that pregnant women have with the company originates when they need to undertake a change of job due to pregnancy, a reduction in working hours is proposed to enjoy breastfeeding hours or more subjective improvements are required in the job to prioritize the stability of women and the fetus and the company does not admit the improvements requested by the worker.
In any case, any communication or request made to the company to modify any of the conditions described must be made in writing and the company must respond both positively and negatively on the claims and changes requested in writing.
In the event that the company does not accept a reduction in working hours, a change of position or any other claim we make, the worker must direct a complaint to the Center for Labor Mediation and Arbitration that exists in the province where you work and if there is no agreement, you have to bring the lawsuit timely.
These types of claims have a high priority to resolve but the worker must keep in mind that: * The maximum period for submitting the claim to CIEMAT is 20 days from the company's negative response. * In the event that there is no agreement with the labor conciliation services, the worker will proceed to file the subsequent claim with the refusal to conciliate before the Social Court. * Since the admission of the claim to process, the court has a period of five days to indicate the vote and a period of three days to issue a sentence since these procedures are considered urgent. * These types of sentences are enforceable and enforceable, giving rise to the appropriate claims for execution and request for compensation in the case of repeated non-compliance. As we can see, judicial procedures in these respects are the order of the day and in any case, prior agreement is always recommended and legal-legal advice in any case. In these types of procedures, judicial costs are usually passed on to companies and a couple of documents addressed to the Labor Inspectorate can solve many of the problems.
Finally, women have to be aware of the importance of claiming the rights they have If these are not fulfilled. Companies continue to maintain attitudes that are not understandable but take advantage of job insecurity and lack of initiative to claim what really belongs to women, whether pregnant or not.
