Ochrana těhotných zaměstnankyň před výpovědí podle evropské a české právní úpravy
Protection of pregnant workers from dismissal under European and Czech legislation

Summary/Abstract: The paper deals with the protection of pregnant workers from dismissal under European and Czech legislation. The aim is to interpret the provisions of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, concerning the definition of the concept of pregnant workers and the prohibition on dismissal during pregnancy. Interpretative contradiction of Article 2 (a) and Article 10 Directive is analysed on cases of the Court of Justice of the European Union. It is necessary to interpret those provisions of Directive 92/85/EEC, in conjunction with each other, that the pregnant worker has been such an employee since the beginning of pregnancy, not until the date of notification of the pregnancy to his employer. In addition, it is pointed out that the Czech legislation does not set a deadline for informing the employer about the employee’s pregnancy. The issue is compared with Austrian and German legislation.

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