than 6 weeks. [10] Directive ЕС92 / 85 / EEC of 19.10.1992 also notes that the
employer has to be conscious about the state of pregnancy of his workers [11].
A number of judicial decisions of Ukraine, which raised the issue of the illegality
of dismissal of a pregnant woman on the initiative of the employer, were generally
based on a common opinion on the content of such a ban. However, women with whom
the employer has concluded a fixed-term contract of employment, which expires,
remain less protected. There is no similar rule except for the obligation to employ a
pregnant woman.
This issue gained particular relevance with the adoption of the decision of the
Grand Chamber of the Supreme Court of 16.05.2018 in the case 759/19440/15-C. [12].
According to the case file, the claim was sent by a woman who tried to prove the
illegality of her dismissal because she was pregnant. However, the insecurity of her
right to work was due to the fact that the employment contract was of a fixed-term
nature and the employment-legal guarantee of the prohibition of dismissal does not
apply to her. The court noted that the renewal of a pregnant woman's previous
employment could not take place because the employment contract had ended.
Therefore, the only thing that an employee can count on is her employment in the same
or another enterprise in accordance with his specialty. In fact, this is the only way to
ensure that the employer fulfils his duty, but when and under what conditions it should
be considered fulfilled the court did not explain.
Taking into account the above, we believe that the clarification of international
experience in the protection of maternity rights of pregnant women under a fixed-term
employment contract remains relevant at the present stage of development of labor
relations.
Guarantee of compulsory employment of pregnant women. On the territory of
the former Soviet Union there is no single legislative approach to establish legal
guarantees for pregnant women at the end of the employment contract concluded for a
certain period. In some countries, Pro-Soviet norms have been established. According
to them, such a category is guaranteed by the employer compulsory employment.
Although the terms and procedure for the fulfillment of this obligation have not been
established by law, a certain amount of earnings is retained for a woman not more than
three months after the termination of a fixed-term employment contract. Thus, the
legislator in fact stimulates the activity of the employer to find a new job.
The countries in which the obligation of the employer of employment is provided
include, for example, Uzbekistan and Ukraine.
In Ukraine, according to Art. 184 of the Labor Code of Ukraine of 10.12.1971,
№ 322-VIII the right to terminate a fixed-term employment contract with a pregnant
woman is gained by the employer after its expiration with the mandatory employment
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