Protection of mothers
Protection against dismissal, dismissal protection
• In the limited service relationship
A woman stands under protection against dismissal starting from beginning
of the pregnancy up to the expiration of four months after the birth. A condition
for this fact is ,however,that the employer knew about the pregnancy or that
he is informed 5 days after discussion of the notice.
If a woman, still ignorantly by her pregnancy, should be quit, then this is
ineffective. A notice is possible only if an agreement of the labor court and
social court is present, or the enterprise is put quietly.
In the unlimited service relationship
The expiration of a locked service relationship on certain time is restrained
in a the long term exemption; agreed upon by the message of the pregnancy up
to the beginning of the 8 weeks period of protection. From the expiration inhibition
are excluded service conditions, in which the stipulation of a time limit is
legally intended, or for essentially justified reasons take place.
A material justification is present only if the stipulation of a time limit
lies in the interest of the employee, if the service relationship for the duration
of an agency, for training purposes, for the time of the season or for testing
• No protection against dismissal exists
o with a sample employer-employee relationship
o with a working relationship of foreigners without work grant
o after quiet putting of the enterprise
Wage for the “ period of rest” and following unemployment
With the recourse of the money for the period rest the requirement on unemployment
pay is exhausted.
The money can be maximally referred up to 36. Month of the child.
If a notice should be expressed after a 4 weeks keeping period, then the mother
has a 36 weeks long requirement on money for her education.
Care of children money and following unemployment
It is possible beside the care of children money to refer also unemployment
money, or state of emergency assistance, if a supervision for the child is
there, while the nut/mother is on search for employment .
“Period of rest “of the parents:
There are 5 possiblities:
1. Period of rest of the parents til the second birthday of the child
2. Period of rest of the parents til the first birtday of the child and then
part-time work up to 2./3. birthday of the child
3. In place of the period of rest a part-time work can be demanded before the1.
birthday of the child up to the 2./4. birthday
4. The change from a full period of rest into part-time work can already take
place before that 1. Birthday of the child.
5. Both parents can postpone 3 months of their period of rest and can use his
postponed part up to the 7. Birthday of the child
When can a period of rest be demanded?
After the period of protection a period of rest can be requested; the period
of rest is entitled to the father, if the nut/mother doesn’t stress
her period at the same time. During this time the father enjoys protection
against dismissal, which ends after 4 weeks of his period. If the both parents
demand their period; it can only be divided twice, whereby a part must take
Part- time work
In the connection on the period of protection a part-time work can follow in
place of a period of rest. If both parents demand it at the same time, it
will be possible until the 2nd birthday of the cild; if only the mother or
the father requires it, it will be able to last until the 4th birthday of
How long is it possible to receive money for the period of rest?
It will be possible until the 36th month of the child, if only one parent receive
money for the period of rest. If the parents share their periods, then it
will last until the 36th month of the child.
How much do the parents get for their period of rest ?
The height of the money for the period of rest was adapted to the child-care
money and amounts to 14.53 euro daily.
The right of receiving information
To facilitate the holiday-maker the reentrance in the working life a right
to information granted over them. This right covers the duty to supply them
with information of the service giver over important operating events as
well as measures for further education.
Dispatching and withdrawal because of the birth of a child
Half of the legal dispatching, at the most however the three-way of the monthly
payment is entitled to employees, who withdraw after the birth of a child
within the period of protection, if the employer-employee relationship lasted
continuously to 5 persisted years .
For the 1st child the family will get 105,40 Euro, after the 3rd birthday 112,70
euro,after the 10th birthday 130,90 euro and after the 19th birthday 152,70
euro. Family allowance rises continuously with the number of children.