On the Possibility of the Employer to Terminate Unilaterally the Labor Contract of a Pregnant Employee during the Probationary Period

EIRP Proceedings, Vol 12 (2017)

On the Possibility of the Employer to Terminate Unilaterally the Labor Contract of a Pregnant Employee during the Probationary Period

Georgeta Modiga Modiga, Andreea Miclea, Gabriel Avramescu

Abstract

We intend to analyze the way in which the provisions of art. 31, par. 3 of the Labor Code concerning the possibility for the employer to terminate the labor contract unilaterally only by written notice, without notice and without having to justify during the probation period the legal provisions establishing the prohibition of dismissal of a pregnant employee, who has previously notified regarding her condition during the probation period, respectively with the provisions of art. 60 par. 1, letter d of the Labor Code, art. 21 from G.E.O. no. 96/2003 on the protection of maternity and art. 10, par. (6) of the Law no. 202/2002 on equal opportunities and treatment of women and men.