SU-075/18

The job stability of pregnant women. Change of jurisprudence

 

The Court maintains the job stability of pregnant women, as long as the employer knows the pregnancy status of the worker.The Plenary Chamber of the Constitutional Court, in reviewing three cases, reaffirmed the importance of guaranteeing job security for pregnant workers and during breastfeeding, as a measure to avoid discrimination against women at work.Consequently, to dismiss a worker whose pregnancy is known by the employer, he must go to the Labor Inspector beforehand. However, in the study of the cases, the Court found that when the employer has no knowledge of the pregnancy of her employee and the employment contract ends, no discrimination can be adduced and therefore there is no protection to motherhood.The Court considered that it is excessive to require employers to return to employment and pay social security contributions for workers who were dismissed without being known about their pregnancy.

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