Accordingly, it contains special provisions of legal regulation. However, the case-law
of the European Union shows that the dismissal of a pregnant woman is based not so
much on an objective reason – the termination of a fixed-term employment contract,
but on grounds of discrimination on the grounds of pregnancy.
In particular, one decision of the European court of justice stated the following.
"Whilst the prohibition of dismissal laid down in Article 10 of Directive 92/85 applies
to both employment contracts for an indefinite period and fixed-term contracts, non-
renewal of such a contract, when it comes to an end as stipulated, cannot be registered
as a dismissal prohibited by that provision. However, where non-renewal of a fixed-
term contract is motivated by the worker's state of pregnancy, it constitutes direct
discrimination on grounds of sex, contrary to Article 2(1) and 3(1) of Council Directive
76/207/EEC of 9 February 1976 on the implementation of the principle of equal
treatment for men and women as regards access to employment, vocational training
and promotion, and working conditions". [27]
On several occasions, the European court of justice has been unanimous in its
decisions that EC Directive 92/85/EEC [11] does not distinguish between a fixed-term
employment contract and an indefinite employment relationship. [28] Accordingly,
every woman has the right to continue the employment relationship for the period
during which she wishes to exercise her right to maternity.
One of the most important obvious incentives to perform the obligations of the
parties to the employment contract are legal measures of influence to the offender. In
many countries, Albania, Denmark, Belgium, Argentina, Ecuador, etc. applies a kind
of fine in the amount of wages for a certain period of time. For example, in Albania,
Argentina and Ecuador, compensation is proportional to the employee's annual
earnings. In Denmark, the duration of compensation varies from 39 to 78 weeks,
depending on the type of work performed or the position held. In Belgium, the duration
of the penalty is six months. [29]
So there are many countries in the legislation of which there is no established duty
of employment for the employer. Instead, there is a norm regarding the employer's
obligation to extend the employment contract for a certain period, which is usually due
to the period during which a woman cannot objectively perform the work function,
since she takes care of the child. This is the duration of maternity leave or in connection
with the care of a child, usually up to 3 years. An important role is played by an
informative component, because the ban should be based on documentary evidence of
these legal facts. This document is a certificate of pregnancy, which a woman must
provide to the employer.
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