Under current Hungarian labour law, employers may only terminate the employment of pregnant women in exceptional circumstances. As a general rule, the employment of the pregnant women cannot be terminated by giving notice. It is a common misconception that the prohibition of termination also applies in the case of immediate dismissal. It is important to note that the employment of the pregnant women may be terminated by their employer in cases of conduct giving rise to immediate dismissal, as pregnant women are not protected against dismissal in such cases.
In practice, this means that an employer may, for example, terminate employment during a probationary period without giving reasons, but in the case of termination during a probationary period, the employer must take particular care to ensure that the termination does not breach equal treatment legislation.
What does this mean in practice?
Immediate termination during the probationary period cannot be used as a pretext by the Employer, i.e. if the real reason for termination is the employee’s pregnancy, the termination will be unlawful and the pregnant colleague will be able to claim damages against the Employer in addition to reinstatement of her employment. In this context, we note that the pregnant employee only needs to establish that her employment was terminated by the company employing her on the grounds of her pregnancy, after which the employer must prove that the termination did not breach the requirement of equal treatment and that the employment was not terminated on the grounds of pregnancy, which in practice creates many difficulties for companies.
In the light of the above, it is therefore advisable to proceed with particular care when terminating the employment of pregnant women.
If you, as an employee or employer, have any further questions on the above, please do not hesitate to contact us.
