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Home / Archive / Yearbook nr. XXII/2021 / Roxana Cristina RADU, Protection against dismissal for pregnant workers, workers who have recently given birth or are breastfeeding under European Union’s law

Roxana Cristina RADU, Protection against dismissal for pregnant workers, workers who have recently given birth or are breastfeeding under European Union’s law

Roxana Cristina RADU
Assoc. prof., PhD., Faculty of Law, University of Craiova, Romania;
E-mail: roxanacristina.radu@yahoo.com

Published on December 20, 2021

Abstract
Pregnant, childbirth or breastfeeding employees are protected against dismissal under national and European Union law. Thus, EU legislation concerning maternity protection at work establishes the prohibition of dismissal of employees who are on maternity leave, maternity risk or on leave for raising and caring for the child. These provisions are included in Directive 92/85 / EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding; however, they do not apply in the case of dismissal for reasons arising from judicial reorganization, dissolution,
collective redundancy or insolvency of the employer, under the law, or – in other words – reasons not related to the pregnancy of the worker.

Keywords
collective redundancies, dismissal, employer, employment contract/relationship, worker’s safety and health

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