But the scientist Pozharova V. O., [19, p. 13 ] correlating the norms of
international legislation in the sphere of protection of motherhood and the labor
legislation of Ukraine notes that in the event of termination of an employment contract
with special categories of international standard does not provide for mandatory
dismissal from employment. However, we are talking only about pregnant women,
which ended the employment relationship. Accordingly, the employer is obliged to
extend them for at least one month after the end of the period of maternity leave, the
duration of which is regulated by law. Also, the scientist believes that the extension of
the terms should take place on the written application of the woman with the
submission of a medical certificate confirming the pregnancy. Moreover, a pregnant
woman must submit it to the employer on request, but not more than once every 3
months. In addition, the author offers novelties to address the issue in the case where
pregnancy for various reasons ended before the start of vacation. In particular, it is
proposed to dismiss her not earlier than a week after the end of the period of temporary
disability, leave or in other cases. The truth about some cases, the author's attention
focuses. So the author believes that in such cases, the expiration of a week after these
circumstances will cause it to end the fixed-term employment contract.
Thus, it can be concluded that the expiration of the employment contract is an
obligation for the employer to extend it in the case of pregnancy and childbirth of the
employee because the employment of such a woman is almost impossible because of
her state of health.
Guarantee of extension of the fixed-term employment contract. With the
adoption of the EU Directive on the safety of pregnant women ЄC92/85/EEC [11], the
employee is obliged to inform the employer about her condition, since only in this case
she acquires the status of a pregnant employee. In Ireland, Portugal and Luxembourg,
a written notification of the employer was established, and in Austria, the woman also
reports to the labour Inspectorate. [20]
The content of article 10 of this international document [11] gives grounds for the
conclusion that the ban on dismissal lasts from the beginning of pregnancy until the
end of continuous maternity leave, the minimum period of which is 14 weeks.
Exceptions can be defined at the level of the legislative practice of each country, but
cannot be linked to the state of health of the woman.
In particular, the labour legislation of the Baltic States (Latvia, Estonia) and
Moldova has established a laconic norm prohibiting the dismissal of pregnant women.
It does not matter what kind of employment relationship takes place. However, in
Lithuania a pregnant woman whose employment contract has ended can be dismissed.
[20]
In other countries (Croatia), the inability to terminate an employment relationship
with a pregnant woman is due to the legal period during which dismissal is prohibited.
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