Pregnancy is a special time in a woman’s life, but it is also a period when expectant mothers often have questions about the employment rights they are entitled to. Some of these questions also concern women employed under a temporary employment contract. What does the protection of pregnant employees look like in practice? Can an employer dismiss a pregnant woman? There are many doubts, so it is worth clearing them up. Temporary employment contract and pregnancy – check the most important information on this topic!
Rights of pregnant employees hired through a temporary employment agency
Pregnant temporary employees are entitled to protection under labour law. If a temporary employment contract would otherwise expire after the third month of pregnancy, it is extended until the day of childbirth, provided that the employee was hired under an employment contract and has at least two months of service with the given temporary employment agency. As a result, the employee becomes entitled to maternity benefit after giving birth. In addition, pregnant women employed through a temporary employment agency are entitled to paid sick leave amounting to 100% of their remuneration.
In addition, a pregnant woman may not perform work under harmful conditions, for example at night or involving heavy lifting. If the working conditions are not suitable, the employer must adapt the workstation or release her from performing work while maintaining her right to remuneration. The employee may also take breaks at work, as provided for by regulations concerning the protection of pregnant women’s health.
Temporary work and pregnancy – which legal regulations are worth knowing?
Pregnant employees hired under a temporary employment contract are covered by legal regulations contained in the Act of 26 June 1974 – the Labour Code and the Act of 9 July 2003 on the Employment of Temporary Workers.
The following provisions of the Labour Code are particularly important:
“Article 177. § 1. During pregnancy and maternity leave, as well as from the date on which an employee submits an application for maternity leave or part thereof, leave on the terms of maternity leave or part thereof, supplementary maternity leave, paternity leave or part thereof, parental leave or part thereof – until the end of such leave, the employer may not:
1) make preparations to terminate the employment relationship with that employee, either with or without notice;
2) terminate the employment relationship with that employee, either with or without notice, unless there are grounds justifying termination of the contract without notice due to the employee’s fault and the workplace trade union organisation representing that employee has agreed to the termination.
§ 3. A fixed-term employment contract or a probationary contract exceeding one month, which would otherwise expire after the third month of pregnancy, shall be extended until the day of childbirth.”
This is possible because the following provision of the second of the cited legal acts must also be taken into account:
“Article 13.
3. Article 177 § 3 of the Labour Code shall apply to a temporary employee who has been assigned to perform temporary work by a given temporary employment agency under an employment contract for a total period of at least 2 months.”
Protection of pregnant temporary employees – summary
Temporary employment contract and pregnancy is an issue that women planning to have children and employed under this type of contract should pay attention to. This knowledge allows pregnant employees to consciously make use of the support available to them. Understanding the applicable rules gives them a basis for ensuring that appropriate conditions are provided for carrying out their professional duties. However, it should be remembered that the law is an area that changes periodically. It is therefore important to stay up to date and regularly monitor amendments in order to have access to current information at all times.
FAQ SECTION
Can an agency dismiss a pregnant woman?
A temporary employment agency may not terminate an employment contract with a pregnant employee if the contract would otherwise expire after the third month of pregnancy and the employee has at least two months of service with the given agency. In such a situation, the contract is extended until the day of childbirth.
Does an employment agency pay for sick leave?
Yes, the temporary employment agency, which is the formal employer, is required to pay remuneration for the period of sick leave (incapacity for work lasting a total of up to 33 days, or 14 days during a calendar year in the case of an employee who is over 50 years of age). After that, this obligation is taken over by the Social Insurance Institution (ZUS), which pays sickness benefit.
From which week of pregnancy am I protected at work?
Protection against termination of an employment contract begins after the third month of pregnancy, which corresponds to approximately the 13th week of pregnancy. If the contract would otherwise expire after this date and the employee has at least two months of service with the given agency, the contract is extended until the day of childbirth.
Sources:
Act of 9 July 2003 on the Employment of Temporary Workers.
Act of 26 June 1974 – Labour Code.
