Polish law offers significant protections for pregnant employees, allowing them to potentially reclaim jobs even after initiating dismissal, and outlining specific contract safeguards.
Protection Against Dismissal During Pregnancy: Principles and Exceptions
Polish labor law generally prohibits employers from dismissing or terminating the employment of a pregnant woman. This is one of the strongest guarantees in Polish employment law, though exceptions do exist.
Dismissal is permissible in specific cases, requiring exceptional justification, and courts rigorously assess such instances.
When Does Protection Begin?
Legal protection begins from the moment of conception, regardless of whether the employee is aware of the pregnancy.
Employer’s Right to Documentation
Employers can request medical certification confirming the pregnancy as proof of the employee’s rights, but the absence of such documentation does not negate the protection afforded to the employee, according to Paweł Kempa-Dymiński, a legal counsel at LBKP Legal.
Does Contract Type Matter?
Protection extends to nearly all employees, regardless of whether they are employed on a fixed-term, indefinite, or probationary basis. Employees on indefinite contracts have the strongest position, but safeguards also apply to fixed-term contracts.
If a fixed-term or probationary contract is due to expire during pregnancy (longer than one month), it is automatically extended to the date of delivery. This does not apply to probationary periods shorter than one month or temporary agency workers with combined assignments not exceeding two months, notes Aleksandra Wojnarowicz, a legal trainee at LBKP Legal.
What Does This Mean in Practice?
If a fixed-term or probationary contract would end after the third month of pregnancy, it automatically extends to the date of delivery, with the exceptions noted above.
Rescinding Dismissal After Discovering Pregnancy
If an employee submits a resignation without knowing she is pregnant, she can effectively withdraw it. Polish labor code favors the pregnant employee, even if unaware of her condition at the time of signing.
This is considered a correction of error, allowing women to return to work if they discover their pregnancy shortly after submitting their resignation.
Protection Extends to Agreements to Terminate Employment
Similar principles apply to mutual termination agreements. An employee can withdraw consent to end employment if she was unaware of her pregnancy when providing it.
Employer-Initiated Dismissal and Notification of Pregnancy
If an employer initiates dismissal and the employee subsequently informs them of her pregnancy, the employer should withdraw the dismissal notice. Formal withdrawal requires the employee’s consent, which can be implied.
Key Condition: Lack of Awareness of Pregnancy
The crucial condition is that the employee genuinely did not know she was pregnant when making the statement. If she was aware, the decision is binding.
Disciplinary Dismissal During Pregnancy
Pregnancy does not preclude immediate dismissal, but it is only permissible in strictly defined situations, such as serious misconduct. Other conditions must also be met, including timely notification and, if applicable, consultation with trade unions.
Courts apply a higher standard to employers in such cases, interpreting the grounds for dismissal more restrictively.
Company Liquidation and Pregnancy Rights
An employer can unilaterally terminate a contract with a pregnant employee in the event of company liquidation or bankruptcy.
However, the liquidation of a position does not negate protection if the company remains operational.
Changes to Employment Terms During Pregnancy
In larger companies (employing at least 20 people), it is possible to propose new working conditions or pay to a pregnant employee. However, this cannot be a superficial action.
If the new conditions involve lower pay, the employee is entitled to a compensatory allowance.
Common Employer Mistakes Regarding Dismissal
Many disputes arise from recurring employer errors.
What Can a Pregnant Employee Do If Wrongfully Dismissed?
If the law is violated, the employee can seek legal recourse, potentially obtaining reinstatement or compensation, the amount of which depends on factors like the notice period and the specifics of the case. During legal proceedings, the employee can request continued employment.
Key Takeaways Regarding Dismissal of Pregnant Women
Protection for pregnant women in Polish labor law is broad but not absolute. The timing of awareness of pregnancy, contract type, and method of termination are crucial. Both employees and employers should proceed cautiously to avoid legal and financial consequences.
