In Croatia, the duration of the ban is 15 days at the end of circumstances that prevented
a woman from carrying out her work objectively.
However, dismissal will be illegal under two conditions:
1) if on the date of dismissal the employer is aware of the specified circumstances.
2) if within 15 days after receiving the notice of termination of employment
relations the employee informs the employer about them with the submission of
documents confirming the relevant facts in the prescribed manner. [21]
The scientist Shyshliuk V.G. [22, p. 14] notes that according to Polish law an
employer may not terminate the employment relationship with a pregnant woman, but
the pregnancy is not calculated from the moment of conception (as in Ukraine), and
only after the third month of pregnancy.
Analyzing the labor code of Poland (article 177 ยง 1 of the Labor Code of the
Republic of Poland) we can come to one more conclusion. Pregnancy and the period
of leave for pregnancy and childbirth makes it impossible termination of the
employment contract by the employer. But there are exceptions-these are the grounds
that determine the reasons justifying the termination of the contract without prior
notice, subject to the consent of the trade Union Committee. However, under Polish
law, these rules do not apply to workers whose testing period does not exceed one
month.
In Poland, when the period of termination of an employment contract with a
pregnant woman falls on the third month of pregnancy, it is extended to the day of
delivery, except when it comes to the duties of a temporarily absent employee. [23]
In Kazakhstan (article 52-54 of the Labour code of the Republic of Kazakhstan)
the duration of leave according to child care determines the period of the ban on the
dismissal of such a woman. [24] However there are certain limitations. Thus, the
employment contract will be extended only if its duration is not less than one year and
it is not a question of replacement of temporarily absent position. The duration of
pregnancy, which must be at least 12 weeks, also acquires legal significance.
An additional document for the performance of the relevant obligation of the
employer in Tajikistan (article 215 of the Labour code of the Republic of Tajikistan) is
a written statement of the employee, which serves as confirmation of the will of the
person to extend the employment contract. [25]
The experience of legal regulation of these relations in Armenia deserves
attention. After all, the duration of the ban is based not only on the period of maternity
leave, but also on one additional month after its completion. In this way, women who
gave birth to a child are protected from dismissal in the event that they have not yet
had time to issue or did not want to take advantage of parental leave. [26]
It should be noted that article 10 of the EU Directive 92/85/EEC [11] is applied
to all pregnant women regardless of the duration of the employment relationship.
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