Aleksandra Wojnarowicz, a trainee legal adviser, and Paweł Kempa-Dymiński, a legal adviser, spoke to Gazeta Prawna about the protection afforded to pregnant employees under the law. It is an important topic, fraught with pitfalls – particularly for employers.
A few key points to take away from this article 👇
Protection against dismissal and termination of the contract takes effect from the moment of conception – not from the doctor’s appointment, not from informing the employer, and not from the medical certificate. The lack of documentation does not invalidate this protection. This is one of the most common mistakes made by employers.
Did the employee hand in her notice herself, and then find out she was pregnant at the time?
She can effectively withdraw it. What’s more, she can invoke a mistake and avoid the consequences of her statement without the employer’s consent. This also applies to termination by mutual agreement.
Disciplinary action against a pregnant employee?
Formally possible, but the courts set a much higher bar for employers. The arguments must be truly compelling.
The abolition of a post ≠ the winding up of the company.
If the company continues to operate, simply abolishing a post does not remove the protection. This distinction is of enormous practical importance – protection against dismissal still applies.
Does a fixed-term contract end during pregnancy?
If after the third month – it is automatically extended until the date of childbirth. Failure to extend it is another common mistake made by employers.
Key takeaway for employers:
Protection for pregnant women under Polish labour law is very broad, though not absolute. Mistakes in this area can be costly – an employee may demand reinstatement or compensation, and during the proceedings, the court may secure her claims by ordering her to be allowed to return to work.
If you are facing a difficult HR decision and an employee’s pregnancy is involved – consult a lawyer before taking any action.
