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Can I be fired while pregnant?

For your peace of mind, you should know that there is increasing protection for working mothers. I tell you more about this topic.

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Can I be fired while pregnant?
Can I be fired while pregnant?

Maybe you are planning to become pregnant or you have already achieved it, but you fear that being a mother could negatively affect your professional career. For your peace of mind, you should know that there is increasing protection for working mothers.

The reconciliation between family and work life is a challenge for the vast majority of Spanish women. In fact, the difficulty to reconcile motherhood with work is one of the main causes that causes Spain to have a very low birth rate in comparison with the rest of European countries. Also that women delay more and more the time to become mothers or that their employment situation is unstable.

FEAR OF DISMISSAL

The main fears are that pregnancy and maternity may involve dismissal, the renunciation of a better salary or the impossibility of continuing to promote oneself within the company.

However, if you are a mother or would like to be a mother soon, you should know that there are more and more measures and laws that protect pregnant women and working mothers in general from employment discrimination.

In this regard, Article 10 of Directive 92/85 / EEC prohibits companies from dismissing a female worker from the beginning of pregnancy until the end of maternity leave. Therefore, you could only be dismissed in certain exceptional cases that would have nothing to do with your pregnancy status.

Likewise, the Workers’ Statute establishes that companies can not dismiss a woman for requesting or for enjoying, for example, the permission to breastfeed, as well as for exercising any other right related to motherhood.

BUT THERE ARE EXCEPTIONS…

In the same line, the Spanish labor regulations contemplate that the dismissal of a pregnant woman can be considered null and void, and this means that she can not be practiced. Even so, there are exceptions for dismissals to pregnant women based on disciplinary cases and that are considered appropriate because they have been able to prove the reason that the company alleges in the dismissal letter. By way of example, we could mention the dismissal of a pregnant woman for unjustifiably absent from her job, for the continued and voluntary decrease in her normal work performance or for disobedience in the workplace, among other assumptions.

Logically, if the company does not prove any of the disciplinary circumstances it alleges, the worker is advised to file a claim for null dismissal within the 20 working days following its communication, demanding the company reinstatement in their job, as well as the payment of wages not received from the date of dismissal until the sentence that recognizes the nullity of such termination decision.

So, do not let fears about how you could change your work life prevent you from enjoying motherhood fully.

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