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妊娠を雇用主に通知していない場合でも、女性を解雇することはできますか？
会社では、一人の従業員が規律違反の理由で解雇されなければならない状況があります。 彼女に解雇通知書が手渡されましたが、彼女はそれに対して、「私は妊娠中なので解雇することはできない」と言いました。 証拠として、医師の証明書と診断書を提出しました。 このような状況で何をすべきですか？ 解雇は有効ですか？ ここでは「早い者勝ち」の原則が働くのでしょうか？
会社では、一人の従業員が規律違反の理由で解雇されなければならない状況があります。 彼女に解雇通知書が手渡されましたが、彼女はそれに対して、「私は妊娠中なので解雇することはできない」と言いました。 証拠として、医師の証明書と診断書を提出しました。 このような状況で何をすべきですか？ 解雇は有効ですか？ ここでは「早い者勝ち」の原則が働くのでしょうか？
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In the case when an employee informs the employer about her pregnancy after receiving a termination notice for disciplinary reasons, it is important to examine this issue from the perspective of labor law. In most countries, there are regulations protecting pregnant women from dismissal, but the specific regulations may vary. In Poland, for example, the dismissal of a pregnant woman is prohibited unless certain special circumstances exist, such as not performing work for a longer period of time. Nevertheless, in the case of termination for disciplinary reasons, the employee should have the right to defend herself and present her arguments. In the described case, it is worth consulting with a lawyer to obtain a professional opinion. If the woman has the appropriate medical certificate and sick leave (L4), she should present them in the appropriate manner. The employer can then examine whether there are sufficient and justified reasons for dismissal, regardless of the employee's pregnancy. It is important to act in accordance with labor law regulations and respect the rights of the employee, especially when it comes to the dismissal of a pregnant woman.
In the case when an employee informs the employer about her pregnancy after receiving a termination notice for disciplinary reasons, it is important to examine this issue from the perspective of labor law. In most countries, there are regulations protecting pregnant women from dismissal, but the specific regulations may vary. In Poland, for example, the dismissal of a pregnant woman is prohibited unless certain special circumstances exist, such as not performing work for a longer period of time. Nevertheless, in the case of termination for disciplinary reasons, the employee should have the right to defend herself and present her arguments. In the described case, it is worth consulting with a lawyer to obtain a professional opinion. If the woman has the appropriate medical certificate and sick leave (L4), she should present them in the appropriate manner. The employer can then examine whether there are sufficient and justified reasons for dismissal, regardless of the employee's pregnancy. It is important to act in accordance with labor law regulations and respect the rights of the employee, especially when it comes to the dismissal of a pregnant woman.
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M
I think depends on the law in your country. But if employer did fire a person an she later notified him of being pregnant I would suspect it not employer problem. But knowingly fired her while she was pregnant might be a problem…. At the end law and circumstances matters in those details a lot.
Seek a lawyer advice;)
I think depends on the law in your country. But if employer did fire a person an she later notified him of being pregnant I would suspect it not employer problem. But knowingly fired her while she was pregnant might be a problem…. At the end law and circumstances matters in those details a lot.
Seek a lawyer advice;)
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