by: Dr. Miguel Cabrera professional advice DISMISSAL OF A PREGNANT WOMAN DURING ERIOD TO THE TEST. LEGAL PROTECTION OF MATERNITY. DISCRIMINATION.
"Jimenez, Julieta Maria c / Marcelo H. Pena SA s / redundancy" - CNTRAB - 29/06/2007
"During the trial period either party is entitled to terminate the employment relationship without liability for compensation by using the terminology in use, as I have shown equivocal on several occasions since its depletion, the consolidated retroactively the term of the employment relationship, the worker begins to enjoy the "relative stability improper" situation it becomes entitled to severance pay if there has been no just cause. Previously, the full governing freedom to dismiss, without liability for damages. Preexisting or pregnancy-supervening-worker does not have the potentiality to achieve legal status is the trial period. There is no rule providing for such effect, nor the exception can be inferred from rules or principles relating to the prohibition of discriminatory practices, which are excluded in this hypothesis, because legal purposes, the worker is part of the class of workers subject to trial period is a closed universe, that does not support particular circumstances, age, sex, nationality , religion, political opinion, union activity, health status, etc .- general exclusionary rule applied to them all. "(From Dr. Morando vote, a majority)" The pregnant woman has the general principle of non discrimination feel the art. 16 of the Constitution and 17 and 81 of the Labor Contract Law and the Law 23592 also punishes any act of discrimination as an interpretation harmonic of the game rules allow us to conclude that in light-proof contract is not derived from it a sort of "bill" of indemnity in favor of the employer, as the legally protected, without doubt, both one and other legislation new hires is to promote, facilitate recruitment etc. on the one hand, and on the other maternity protection, health of the woman and her son, and ultimately, a policy of promotion of the family institution. "(From Dr. Catardo vote in minority) "Therefore, I believe that when art. 92 bis, par. 4 ° provides that you can dismiss without cause and without right to compensation in respect of those Repairs that take into account the right to stability and not others that while the harm that the dismissal unjustified produce the worker, seek to discourage discriminatory practices. Since in this case, motherhood was the determining reason for dismissal was set provided an act of discrimination must be confirmed as originally decided the matter. "(From Dr. Catardo vote, a minority)
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