Can a pregnant woman be fired? Legally, only in two cases

Pregnant women are a separate group of employees. They have additional benefits and privileges, and most importantly, in most cases they cannot be fired from work. However, there are two exceptions that give employers this option. What are we talking about?

When can an employer fire a pregnant woman? Only in these two cases

This is a special time in a woman’s life. Few people know, however, that a pregnant woman, although protected by labor law, can be fired.

Women who want to protect themselves against pregnancy and those who are pregnant are usually under the constant care of a gynecologist Photo: Roman Bosiacki / Agencja Wyborcza.pl

According to Article 177 of the Labor Code, a pregnant woman may be dismissed in two cases.

• According to Article 52 § 1 if the employee violated her employment dutiese.g. she committed a crime for which she was convicted or she lost the right to practice her profession through her own fault.
• According to Article 177 § 4, if the employer has declared bankruptcy or is in liquidation. However, the notice period for an employment contract should be agreed with the company trade union. If the employee does not find other employment, which the employer should provide, she has the right to receive maternity benefits until the day of delivery, and after delivery to receive benefits equal to part of the maternity leave.

Pregnancy and employment contract. Is maternity benefit available on a contract for services?

The protection of a pregnant woman also depends on the type of contract. An indefinite term contract is the best solution. If the employee has a fixed-term contract, it is worth remembering that the expectant mother cannot receive notice if the contract does not expire before the 12th week of pregnancy. In the case of a contract for services, she is entitled to 100% sickness benefit, provided she has paid the sickness insurance contribution. If you’d like, please vote in our poll below.