The expert explained in the program that there is no regulation in Poland that would protect a woman from dismissal after returning from maternity leave. – This is fiction. It comes from looking at the regulations very superficially, she said.
Read also: Employee rights. What rights does a woman have after maternity leave?
Where did this myth come from?
A source of confusion are the regulations regarding the reduction of working hours after returning from parental leave. An employee who submits such a request actually benefits from additional protection against termination of the contract.
What is it about? Article 186 (7) of the Labor Code states that an employee may submit an application to reduce working time to a level not lower than half-time during the period in which he could take parental leave.
This entitlement provides additional protection against termination of the employment contract. It is regulated by Art. 186 (8) par. 1 of the Labor Code. It states that As a rule, the employer cannot terminate or terminate the employment contract from the date of submitting the application for reduced working hours until the date of return to non-reduced working hours. However, this protection can last for a maximum of 12 months.
It is this provision that is often wrongly interpreted as “annual maternity protection”.
Read also: Woman on JDG and maternity leave. Learn how to get higher ZUS benefits
Exceptions to protection
The above protection is not absolute. – This protection is not absolute and cannot be, because on the other hand we also have an employer – noted Łodygowska.
This protection does not work in the case of:
- declaring bankruptcy or liquidation of the employer,
- reorganization of the workplace, elimination of a position,
- reasons justifying termination of the contract without notice due to the employee's fault.
