In today's article we are going to talk about a topic that will surely interest you a lot, such as dismissal due to pregnancy, so if you are in a state or know someone who is going through this situation we will try to solve all the possible doubts that may arise, continue with us.
Pregnant Woman with ultrasound equipment background in hospital
Calculation of compensation for dismissal due to pregnancy
Many women spend years believing that when they are pregnant or on postpartum or breastfeeding leave, companies cannot do without their services, so it is valid to ask the question to what extent all this is 100% true.
It is true that during periods of pregnancy there are certain special protections, which are protected by state laws with the intention of giving women security, and they can carry their pregnancies with the greatest possible peace of mind. Therefore, it is quite complicated for a company to decide to fire you without having a prior justification, which cannot be pregnancy, even if the necessary compensation is met.
In the event that this happens, you as an employee or any woman who goes through this situation can request their immediate inclusion, since basically their dismissal is considered null and void. Of course, it is important to note that this is only valid in the event that the reasons for the dismissal were purely due to the fact of being pregnant, in the event that any other justified reason is found, the dismissal would proceed with absolute normality.
Some of the common reasons for dismissal are due to negligence on the part of the worker, non-compliance with the terms of the contract, continuous unjustified absences, some economic reason on the part of the company, therefore, if one of these causes is found, even if the employee is pregnant, the dismissal will proceed, it will be impossible to declare it null or invalid.
Protection against dismissal due to pregnancy
According to Argentine laws, specifically those found in the Law employment contract, in articles 177-178, 182 and 245. They explain the following: The worker who is pregnant or in the postpartum or lactation period is guaranteed that her position within the company will be safe during all this time. Since the law protects her from the moment she informs her employer that she is in a state, she did this by introducing her respective medical certificate that I guaranteed.
On the other hand, according to what is expressed in the laws mentioned above, in Argentine territory any dismissal that a woman can carry out between seven and a half months before or after the birth of the baby is considered unfair.
In such a case, if there is no other reason or solution other than dismissal, the employee must be paid her respective compensation, which will be the payment of one year's salary, in addition to the arrangement or also known as the usual dismissal package without justification.
But it is important to highlight two points, the first is that there is currently no employment contract law that protects the fact that pregnant women cannot perform risky work or work considered dangerous, however, there are some regulations to guarantee the health and safety of women, this is what can regulate the fact of doing forced or unhealthy work that can affect the pregnancy process.
The second is that according to what is stipulated in the Labor Contract Law, pregnant women after spending the period of lactation and postpartum leave, must be incorporated into their same job, this is what is known as "Leave of absence", and it is a right that must be respected since otherwise it is punishable by law.
You may be interested to know how know your Tuenti number, for that we leave you the previous link, where you can find all the detailed information about this, do not hesitate to read this article.
Frequently asked questions about dismissal due to pregnancy jurisprudence
Next, we are going to present four of the most frequently asked questions, so that some points about what we mentioned can be clear to you:
In case I am pregnant and did not present the medical certificate at my work?
If you do not present the medical certificate, you are going to run several risks, first of all that you are not given all the guarantees and protections that pregnant women have, and on the other hand, they can fire you without giving you the due compensation since you do not You have completed the previous steps correctly.
Do I charge an additional fee apart from my floor when I am pregnant?
The answer is "Yes", apart from your salary, what is known as the prenatal allowance begins to be canceled, which is valid from the first month until the birth of the baby.
What are the requirements to collect the prenatal allowance?
First of all, you must have a minimum of 3 months in the job you are in and your salary, like that of your entire family group, must not exceed the amount established by law in order to collect it.
How much do I have to charge for prenatal allowance?
This amount may vary according to the salary you receive and that of your entire family group, you should also know that it is assigned by what is known as ANSES.
Conclusions on dismissal due to pregnancy
After analyzing everything seen above where there is an overview of all the points that could be taken into account and that could affect you as a pregnant woman, we can conclude that in Argentina the protection for these cases is quite complete, although it is still it must go a long way so that women can feel totally protected during this time, a point that is very important so that they can carry a pregnancy normally.
Since many, out of fear, decide to accept the compensation offered by the companies, without fighting in a lawsuit so that they are given the treatment that corresponds to them. We hope that very soon we can learn more about it, about changes that can benefit all women who want to be mothers without leaving their jobs.
We hope that throughout this article we have been able to help you solve all your doubts on this subject. However, we leave you below the following video where you can find more information. Don't stop watching it.