Mokrytska N.
PhD in law, Associate Professor of economic and legal disciplines, Lviv State
University of Internal Affairs, Lviv, Ukraine
LEGAL PROBLEMS OF PRESERVATION OF WORK FOR
PREGNANT WOMEN AFTER THE EXPIRY OF A FIXED TERM
EMPLOYMENT CONTRACT
Introduction. Legal aspects of labor protection and the right to work of pregnant
women have long been in the field of view of legal experts who in one way or another
studied them in terms of legal regulation of individual labor relations. [1,2,3] the
scientific achievements of foreign representatives of the science of labor law on the
content of labor relations, where the employee is a woman, also served as Coverage of
the problems of the chosen topic. [4,5,6].
The special legal status of such workers inextricably links the exercise of the right
not only to work but also to motherhood. According to part 2 of article 25 of the
Universal Declaration of human rights of 10.12.1948, motherhood and childhood give
the right to special care and assistance. [7]. According to article 10 of the International
Covenant on economic, social and cultural rights of 16.12.1966, special protection
must be accorded to mothers for a reasonable period before and after childbirth. During
this period working mothers should be accorded paid leave or leave with adequate
social security benefits. [8]
The European Social Charter (revised) of 03.05.1996, no. ETS No. 163, provides
that working women are entitled to special protection in the event of pregnancy. It is
provided in the art. 8 that the Parties undertake to provide working women with leave
for the period before and after childbirth for a total of not less than 14 weeks, or with
payment of such leave, or with payment of sufficient social security benefit, or with
assistance from public funds, and to consider it unlawful if the employer sends a
woman notice of dismissal from work from the date of notification of her employer of
pregnancy until the end of her maternity leave or if he makes a notice of dismissal at
such time that it becomes invalid during that period." [9]
However, in contrast to the already ratified international instruments, the status of
the ILO maternity protection Convention No. 103 has not yet been defined for
Ukrainian legislation. Article 3 stipulates that the expected date of delivery shall be
certified by a medical certificate entitling a pregnant woman to take advantage of the
right to maternity leave. The duration of maternity leave is at least twelve weeks and
includes the period of compulsory postnatal leave. The duration of compulsory
postnatal leave is determined by the legislation of each country, but in no case is less
- 1065 -