When does the employer have to extend the contract of the pregnant employee to the day of childbirth?
Pregnant women are in a special group of workers protected against dismissal, but not in any case. When the employee has a temporary agreement and is told that she is pregnant, she may apply for the extension of the contract until the day she gives birth. Under what circumstances does the employer have to do it?
Extension of the contract by law
According to Art. Article 177 (3) of the Labor Code, a contract of employment concluded for a definite period of time or for a specific period of work or for a probationary period of more than one month, which would terminate at the end of the third month of pregnancy, shall be extended until the day of childbirth. The employer can not do anything about it because the extension of the contract is done by law. He or she must not necessarily inform the employee of the situation in writing, although this is usually the case.
The pregnant worker has the status of a protected worker, but her condition should be documented by the doctor, as indicated in art. 185 § 1 of the Labor Code. The deadline of 3 months of pregnancy is calculated in accordance with the judgment of the Supreme Court, equal to the lunar months, ie 28 days each.
The contract of employment concluded with a pregnant employee for a fixed period of time is fixed automatically until the day of childbirth, and the parties do not have to take any action in this regard.
Even if the extension of the temporary contract would exceed the 33-month limit plus 3 months of the trial contract, this would not affect the need to convert the last contract to an indefinite-term contract with a pregnant worker.
When will the contract be extended?
Art. Article 177 (3) shall not apply in the case of pregnant workers who have entered into a fixed-term employment contract concluded with the employer for the purpose of replacing the worker during his or her justified absence from work. This will not happen if the test contract is less than 1 month old.← Powrót