DISMISSAL FOR PREGNANCY
Labor lawyersAmong the queries we receive labor lawyers, a large number of them are related to dismissal of the worker. In some cases this happens if the worker is a woman and becomes pregnant. Is this dismissal legal? We explain it in detail below.
The company can dismiss a worker for disciplinary reasons, these being those that appear in article 54 of the Statute of Workers:
- Repeated and unjustified absences of attendance or punctuality to work.
- Verbal or physical offenses to the employer or to the people who work in the company or to the relatives who live with them.
- The transgression of contractual good faith, as well as the abuse of confidence in the performance of work.
- The continued and voluntary decrease in the normal or agreed work performance.
- The habitual drunkenness or drug addiction if they negatively affect the work.
- Harassment on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sexual or gender-based harassment of the employer or persons working in the company.
Now, if the company alleges one of these causes, it must prove it, since the burden of proof in the labor processes corresponds to the employer. In some cases these causes are used as disguised forms to disguise the dismissal for pregnancy, that is to say: for example the company alleges that its worker was not punctual, or that it did not fulfill its functions, etc., when it really was not like that.