Provisions protecting the special status of workers

Last updated 6.10.2023

In some cases, the law protects an employee because of their special status. Such situations include, for example, pregnancy, use of family leaves and the position of shop steward or an elected representative.

The employer is not entitled to terminate an employment contract on the basis of the employee’s pregnancy or because the employee exercises their right to take family leave as provided for in the Employment Contracts Act. If the employer terminates the employment contract of a pregnant
employee or an employee who is on family leave, the termination is deemed to have taken place on the basis of the employee’s pregnancy or family leave, unless the employer proves that the termination was due to some other reason.

The employment contract of an employee on family leave can be terminated for financial or production-related grounds only if the employer’s operations end completely.

The employer may terminate the employment contract of an employee representative on grounds due to the employee only for a proper and weighty reason, and when the majority of the employees whom the shop steward or elected representative represents give their consent. The employer may terminate the employment contract of a shop steward or elected representative due to reduction in work, restructuring proceedings or bankruptcy only if the work of a shop steward or elected representative ends completely. In addition to this, it is required that the employee cannot be placed in other work duties or trained for some other work. A shop steward or elected representative can usually only be dismissed as the last employee.