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The probation period, defined in the Labor Code that time the employee is checked for the skills and professional knowledge, is established in the contract according to its duration and by position (executive or management).
Read more about the specifics of the probation period.
Consider the following situation: An employee has an execution job and the individual employment contract is signed for an indefinite period with a probation period of 90 days. The employee brings, during the probation period, a medical certificate that proves that she’s pregnant. At the same time, she proves no skills for the job.
The employer decides to terminate the employment contract by written notification, without notice. Is it legal in the context of the employee pregnancy?
Article 31, paragraph 3 of the Labor Code provides that , during or at the end of the probation period, the individual employment contract may be terminated only by written notification, without notice, at the initiative of either party, without requiring motivation.
At the same time, Article 60, paragraph 1, states: firing employees may not be ordered over the pregnant woman employee, if the employer is aware of this fact prior to the issuing of dismissal.
Also, GEO 96/2003 prohibits dismissal during pregnancy period under article 21:
Employer is prohibited to order termination of employment or service if pregnant employees announcing the employer in writing of its physiological state of pregnancy and attach a document issued medical doctor or physician attesting to this state of reasons directly related to the condition.
Corroborating the two mentioned laws, we conclude that the employer can not end the individual labor contract with the pregnant employee who previously notified about her condition in the probation period.
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