By saying that “pregnancy, even when the company is not aware of it, will be grounds for nullity in case of layoffs only, not for the termination of the contract during the trial period,” the supreme court limits the scope of pregnant women’s protection against layoff contained in the Labor Code. This highly debated decree by the Constitutional Court (CC) passed by 7 votes to 5. Unions say it is a step backwards. (Ref. 130654)
In the case at hand, the plaintiff had signed a 6-month contract automatically renewable with a 2-month trial period. She started working as a saleswoman on June 24. The company informed her of the termination of the employment relationship on August 4 on the grounds of “failure to pass the trial period.” The employee then took the employer to court, arguing that the layoff took place when the company learned that she was pregnant.
The Labor Code’s protection of pregnant women against layoff
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