Consideraţii asupra legalităţii concedierii lucrătoarelor gravide, lăuze sau care alăptează

drd. Ilie DUMITRU

avocat, Baroul Bucureşti

Abstract

Both European and national law contain provisions that protect pregnant women, childbed women and breastfeeding women, which is in an employment relationship with an employer. As a rule, the dismissal of this category of workers is forbidden, but, notwithstanding, it is still possible when not connected with their condition. However, the national jurisprudence stated many times that a dismissal of such employed women is invalid regardless of the reason given by the employer. In this article we intend to make an analysis of legislation and case law of the Court of Justice of the European Union and thus argue that, exceptionally, employers may still have lawfully dismiss a woman worker which is pregnant, have recently given birth or are breastfeeding.

Keywords: pregnant worker, dismissal, labour contract.

Rezumat

Atât dreptul european, cât şi cel...