If employees are pregnant, they are protected from dismissal. This applies however only, if the employment is of indefinite duration. A fixed-term employment relationship terminates on the intended date, even if the woman concerned is pregnant.
the boy Buffet-workers to decide on their case, the Federal court in his judgment published today, had, a few weeks before birth, as their season ended the contract. Since the woman was able to find despite numerous efforts, no new job, they requested unemployment benefits. This was refused by the competent Valais authority, the Department of industry, trade and work (DIHA),.
The authority argued that the woman is mediation capable of, your chances to get in the remaining time up to the birth date of a new job are low.
Not only the time up to the time of birth
counts Against this decision, the unemployed, and the Buffet employees fought back before the Valais cantonal court and got legal. Thereafter, the authority moved the case to Federal court, from but it. According to the Supreme court, the wife of mediation was capable of, and has, consequently, entitled to unemployment support.
The Federal court emphasized, the probability that an unemployed Person get in the actual time available to a job, except for the placement ability is actually crucial. After all, who am only a short time for a new job because he had returned on a certain date otherwise the MRP, don't be job ready.
the Decisive factor is not added in this case is that the employment of a woman because of pregnancy or birth is discriminatory. By the Valais authority took the view that women have little chances of Recruitment, she provides potential employers with a discriminatory attitude. It is not to go but to deny one unemployed Person assistance and this is illegal with the law to justify the behavior of others.
judgment provides important clarification
According to the trade Union Unia are in the tourism Canton of Valais is currently more cases of the unemployed, pregnant women, hospitality employees, on the one hand, the unemployment benefits have been denied.The Basel lawyer and equality expert Elisabeth Freivogel therefore welcomes the judgment. It'll get clarification on an important issue.
free bird also understanding of the process of the Valais authority, however. These have evaluated the Employability of the Buffet employees due to the reality. The chances of a pregnant woman, to find a few weeks before the birth of a new employment, are in practice low.
With its judgment, the Federal court, remember now, on the one hand, the employer that it is discriminatory, and it was a woman because of pregnancy, not to hire. On the other hand, don't do it the authorities it is clear that you have a choice when your on any discriminatory attitude of the job-seekers support give may.
The decision of the Supreme court, according to free-bird, not least, an important Signal to pregnant women women. Because some a go well with of which, you've got no Chance to find a new Job, and waivers, thus your right to unemployment benefits. The Federal court now certify their claims.
Created: 03.03.2020, 12:54 PMUpdated Date: 03 March 2020, 12:03