CONCLUSION
Taking into account the above, it can be concluded that the highest degree of legal
guarantee of protection of pregnant women against dismissal from work in the event
of a fixed-term employment contract is achieved by prohibiting the termination of the
employment contract within the period established by law, which in accordance with
the international legal standard should not be less than 14 weeks. Such prohibition shall
mean the fact that the employer has no right to refuse on its own initiative to a pregnant
woman to continue the validity of a fixed-term employment contract for the relevant
period in the presence of a medical certificate of pregnancy issued in accordance with
the procedure established by law. Only this document shows that the employee enjoys
the right to retain the place of work until the end of the so-called "special" period
associated with the implementation of her right to motherhood.
The legal guarantee of compulsory employment of a pregnant woman after the
termination of a fixed-term employment contract has shown its ineffectiveness, since
the labour legislation of Ukraine does not determine the terms of performance of duties,
nor the procedure, nor the methods, nor the legal consequences of non-performance.
This creates a legal environment in which the only thing that can claim the relevant
employee in case of non-performance, only the performance of this duty by force on
the basis of a court decision.
For employers, there is obviously a need to draw up a fixed-term employment
contract for the duration of the employment contract with a pregnant employee and of
course it would be better to dismiss her now. But at the same time the extension of the
term, in our opinion, it would make it possible to change the mandatory employment,
which is now an employee and is not necessary, given the fact that she is preparing to
become a mother and creates additional burden for the employer.
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