05.10.2022

WHAT IS THE DISMISSAL PROTECTION FOR PREGNANT WOMEN?

Pregnant workers are the most protected category of employees under Bulgarian legislation.

The grounds on which an employer cannot fire a pregnant employee are:

• when part of the enterprise is closed or the workforce is reduced;
• when reducing the volume of work;
• when stopping work for more than 15 working days;
• in the absence of qualities for effective performance of the work;
• when he does not have the necessary education or professional qualification for the work performed;
• upon acquiring the right to a pension for insurance length of service and age, except in the cases of art. 69c of SSC; upon reaching the age of 65 - for professors, associate professors and doctors of science, except in the cases of § 11 of the transitional and final provisions of the Law on Higher Education;
• when she is granted a pension for insurance service and age in a reduced amount according to Art. 68a of the SSC (art. 328, paragraph 1, item 10a of the LC);
• when the employment relationship has arisen after she has acquired and exercised her right to a pension for length of service and age;
• when the employment relationship has arisen with a worker or an employee, after he has been granted a pension for insurance service and age in a reduced amount according to Art. 68a of SSC;
• upon changing the requirements for the performance of the position, if he does not meet them.

In the event that the employer does not comply with the legal protection of a pregnant worker or employee (for example, if he dismisses the pregnant employee on grounds that the law does not allow, or if he dismisses her disciplinaryly, but without the permission of a labor inspection), then the dismissal is illegal only on this ground.

In case of illegal dismissal, the employee can also claim compensation for being unemployed for no more than 6 months, and the compensation will be calculated based on the gross remuneration received for the last full month of work.

Just to add, we would like to point out that a worker who takes leave due to pregnancy and childbirth can only be dismissed on the grounds of termination of the enterprise.

According to the Labor Code, a pregnant worker can be dismissed with notice only on the following grounds:

• upon closure of the enterprise;
• if he refuses to follow the enterprise or its division in which he works when it moves to another settlement or locality;
• when the position held by the employee must be vacated to reinstate an illegally dismissed worker or an employee who previously held the same position;
• in case of objective impossibility of fulfilling the employment contract;

A pregnant employee can also be dismissed without notice in case of detention for the execution of a sentence and in case of disciplinary dismissal. In the latter case (disciplinary dismissal), the employer is obliged to request permission from the Labor Inspectorate.

Reference:

Art. 333, para. 5 of the Labor Code