Schutz
Keine schädlichen Arbeiten
Employer is under obligation to communicate to any woman employed in a company, among other committees and delegates, the lists of works/jobs in which pregnant or breastfeeding workers may be engaged after a risk assessment and elimination of any possible negative effect on pregnancy and breastfeeding. For activities that are likely to present a specific risk of exposure of pregnant or breastfeeding women to certain harmful agents, processes or working conditions, the employer is held to determine the nature, degree and duration of exposure in order to assess any risk for the safety or health of pregnant women or nursing mother to determine the protective measures that need to be taken.
If results of the risk assessment indicate a risk to pregnant or breastfeeding workers or any negative effect on pregnancy or breastfeeding, employer has to take necessary measures to avoid the risk by adapting the working conditions or working time of these workers during the whole period considered appropriate by the doctor.
If the adaptation in the working conditions or working time is not possible or cannot be justified by justified reasons, employer has to transfer the worker to another job, maintaining her previous wage level. However in cases where the transfer is not supported due to justified reasons, the worker is released from her job till the time recommended by the physician. During this term, the worker receives cash benefits from the social security scheme.
Sources: §234(43-48) and 334 of Labour Code 2006; Annex-1 of the Labour Code specificying agents and processes with a specific risk of exposure for pregnant and nursing women
Kündigungsschutz
Dismissal with notice (ordinary dismissal) is prohibited during pregnancy (as certified by a medical practitioner through a certificate), during a period of 12 weeks following child birth and during parental leave. Dismissal of a pregnant worker is also prohibited during the probation period.
An employee may be dismissed with notice in the event of cessation of business (economic reason). Summary dismissal (without any notice) is also allowed in the case of serious misconduct by the worker.
sources: §234(48) & 337(1,2 & 3) of Labour Code 2006
Recht auf Erhaltung des Arbeitsplatzes
After availing maternity and parental leave, employee has the right to return to her (or his) former position/job. If former job/position is no longer available, a similar employment corresponding to qualifications with equivalent salary must be provided.
Sources: §234(45 & 48) & 332(3) of Labour Code 2006
