PROTECTION OF PREGNANT WOMEN AGAINST DISMISSAL: WITH REGARD TO THE HUNGARIAN JURISPRUDENCE
PROTECTION OF PREGNANT WOMEN AGAINST DISMISSAL: WITH REGARD TO THE HUNGARIAN JURISPRUDENCE

Summary/Abstract: international, EU and national (Hungarian) level as well as the case law on pregnant women’s protection against dismissal were introduced.In Hungary Act I of 2012 on the new Hungarian Labour Code concluded that pregnant women need to notify the employer of their pregnancy prior to receiving the termination letter in order to get protection against dismissal. Then the Hungarian Constiutional Court annuled the prior notice requirement. The Constiutional Court Decision stated that if pregnant women did not inform the employer, they would also be granted the protection against dismissal. The HCC’s decision basically returned back to the provision of the previous Labour Code (Act XXII of 1992): the protection against dismissal exists even if pregnant woman did not inform the employer about her pregnancy status. Hence, according to the HCC’s decision the previous Labour Code (1992) provision replaced the new Labour Code’s (2012) restrictive provision. The final conclusion what we would like to highlight is that pregnant women could get a wide range of protection against dismissal, but the scope of the protection should be more extended (e.g. IVF and proportional protection of the fetus, etc.).

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