Friday , April 19 2024
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

References:

  1. Amended by Directive 2007/30 / EC of the European Parliament and of the Council amending Council Directive 89/391 / EEC, its special directives and Directives 83/477 / EEC, 91/383 / EEC, 92/29 / EC EEC and Council Directive 94/33 / EC with a view to simplifying and streamlining implementation reports.
  2. R.C. Radu, Dreptul Uniunii Europene privind relațiile de muncă, Craiova, Aius Publishing, 2013.
  3. High Court of Cassation and Justice of Romania, Civil Section, Dec. no. 2436/2004, in “Buletinul Jurisprudenței”, Culegere de decizii pe anul 2004, Bucharest, All Beck Publishing, 2005.
  4. Bucharest Court of Appeal, VIIth Civil Section, for cases regarding labor and social insurance disputes, dec. 5303/R/2010, in “Revista Română de Dreptul Muncii”, no. 3/2011.
  5. Bucharest Court of Appeal, Civil Section, for cases regarding labor and social insurance disputes, Dec. nr.5724/R/2012, in “Revista Română de Dreptul Muncii”, no. 1/2013, p. 137.
  6. CJEU, C-232/09, Dita Danosa versus LKB Līzings SIA, available at https://eur-lex.europa.eu/legal-content/RO/TXT/?uri=CELEX%3A62009CJ0232.
  7. CJEU, C-63/08 of 29 October 2009, Virginie Pontin versus T-Comalux SA, available at https://curia.europa.eu/juris/liste.jsf?num=C-63/08.
  8. C. Gîlcă, Reorganizarea întreprinderilor. Analiza dispoziţiilor noului Cod al muncii în raport cu legislaţia şi jurisprudenţa europeană, Rosetti Publishing, Bucharest, 2005.
  9. Art. 3 par. 1 of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer, published in O.J. L 283, 28.10.2008, pp. 36-42.
  10. CJEU, Case C-323/08 of 10 December 2009, Rodríguez Mayor and Others, paragraph 35, available at https://curia.europa.eu/juris/liste.jsf?language=en&jur=C,T,F&num=C-323/08&td=ALL.

Check Also

11th Conference of the Network of Sociology of Art (Gabriela BOANGIU)

11th Conference of the Network of Sociology of Art By Gabriela BOANGIU 3rd Degree Scientific …