What to do if you quit your job and find out you're pregnant

A pregnant woman can become a burdensome “burden” for the employer, because she will have to keep her job during maternity leave, pay for vacation and make other payments provided for by law. All this is unnecessary hassle, and besides, finding a new employee who will agree to work temporarily is very difficult. Employers who are poorly informed about the nuances of labor legislation or are simply confident in their impunity decide that by firing such employees they will avoid many problems. However, in reality, they are creating new and much more serious ones... Let’s find out more about whether employers have the right to fire a pregnant employee in 2021, in what cases these actions will be legal, and how an expectant mother can protect her labor rights if they are violated Further.

Dismissal of a pregnant woman

If you are pregnant and suspect your employer of violating your labor rights, then it will be the least troublesome to contact the Labor Inspectorate. It is enough to send them a registered letter of complaint against your employer. You must provide your contact information and your employer's contact information. And then the labor inspectorate on its own . She will assign the employer a day for inspection and check all documents and the legality of actions in relation to you. Cases involving violations of the rights of pregnant employees are resolved as a matter of priority.

Methods of protection

If the rights of pregnant women to medical care are violated, it is necessary to appeal against the illegal actions of health workers. Violation of the law by medical workers may entail administrative (Chapter 6 of the Code of Administrative Offenses of the Russian Federation) and criminal (Articles 118, 124 of the Criminal Code of the Russian Federation) liability. A complaint can be submitted to several authorities:

1. Administration of the institution. First of all, you can file a complaint directly with the management of the medical organization (head of department or chief physician). Appealing to management does not cancel the right to simultaneously appeal to supervisory authorities.
2. The Department of Health under the Ministry of Health is an agency that carries out regional control at the subject level and is authorized to control the quality of medical services.
3. Roszdravnadzor is an agency authorized to supervise medical organizations at the federal level.
4. The insurance company has the authority to control the quality of services provided under the compulsory medical insurance policy, as well as cases of charging for services.
5. Offenses that caused serious harm to health or resulted in death are investigated by law enforcement agencies or the Prosecutor's Office of the subject.
6. It is necessary to go to court in case of violation of the terms of the contract for the provision of paid services, and when collecting compensation from the doctor for causing minor and moderate harm to health and moral damage.

A complaint about a violation of the rights of pregnant women against a doctor or a medical organization must be drawn up in free form and include the following information:

• name of the body receiving the complaint;
• Full name and registration address of the patient;
• name of the medical organization, full name and position of the doctor;
• circumstances of the offense indicating the place and time;
• references to violated legislative acts;
• date and signature of the patient.

The appeal can be sent by registered mail, or submitted in person, or submitted electronically on the website of the selected department.

An example of filing a complaint against a doctor can be found here:

Dismissal of a pregnant woman due to violation of discipline. Threat of dismissal.

A pregnant woman who goes to work every day is actually doing two jobs. You also need to take into account the fact that she is carrying her child. And this is not easy, especially in the first trimester, when the state of health is constantly poor, the body is being rebuilt and the woman either feels nauseous, or wants to sleep, or has a stomach ache, etc. Maternity clinics, where a pregnant woman should be observed, operate on a regular schedule, and doctors do not see patients at night. But you need to go to see a doctor constantly, and you need to get tested frequently. All this has to be done during working hours and the money-making work suffers. This does not satisfy the boss and the pregnant woman has problems at work.

Victoria's experience

This happened to Vika, who is already raising a 2-year-old child. Due to the fact that the child is small and does not go to kindergarten yet, but needs to go to work, Vika was forced to ask her mother to sit with her son. She herself went to work at the institute as a librarian. She was able to agree with the employer that she would work 3 days out of the required five. He agreed, besides, few people would agree to work at the institute for such a meager salary.

And now, Vika finds out that she is pregnant again! Again you need to visit doctors and get tested. Vicky’s boss doesn’t want to hear anything about her being late for work or going on sick leave. Vika fears that she will soon be fired. Her boss won’t let her go to the doctor during working hours, threatens to deduct money from her salary, and if she doesn’t calm down, threatens to fire her.

What should Vika do? The boss is not to blame for the current situation... On the contrary, he looks like a virtue, since he allowed her to work on an individual schedule... Can she be fired? If she is not threatened with dismissal, then can the boss inflict any reprimands or penalties from her salary?

Answer: The employer has no right to fire Vika. The legislation clearly states 3 moments in which a pregnant woman can be dismissed by her employer. This:

• upon liquidation of an enterprise;
• reduction due to the liquidation of a representative office or branch of an enterprise;
• at the end of the employment contract.

For other reasons, an employer does not have the right to fire a pregnant employee.

In addition, Vika can freely visit doctors whose help she should enlist. The doctor at the consultation where the woman is registered can issue her a certificate stating that she was seen by him or put the time of the visit, the date and his signature on the pregnant woman’s exchange card. Vika should warn her employer in advance about the need to visit a doctor, and if she feels unwell, be sure to go to the doctor or invite him to her home, so that she is always given a sick leave certificate.

Dismissal of a pregnant woman at her own request or by mutual agreement of the parties

There is another option when dismissal of a pregnant woman is possible - this is at her own request. But a pregnant girl too rarely quits and most often she is intimidated and forced to quit, but it looks like a dismissal of her own free will!

If you were intimidated, pressured and forced to quit, then you can recover by contacting the labor inspectorate. An employer whose pregnant employee quit voluntarily is always subject to suspicion.

There is another article under which a pregnant woman can be fired. It is called “by mutual agreement of the parties” - in this case, the employer usually offers the pregnant woman a cash payment in exchange for her quitting. The woman receives money, and the employer frees up her workplace and is not burdened with paying various benefits and waiting for the young mother to return to work.

If you are expecting a child and still decide to quit your job, remember that in the future you will not be entitled to sick pay (maternity or maternity benefits) and you will not be able to receive monthly child care benefits for up to 1.5 years. (it is 40% of your average earnings for the last year). You, of course, will receive another benefit, but it will be the minimum nationwide amount.

Employment during pregnancy

Despite the fact that Art. 64 of the Labor Code of Russia prohibits denying available vacancies to girls and women in position; management of enterprises is reluctant to hire them. Therefore, ladies often prefer to hide their interesting position in order to increase their chances of getting a position that interests them.

If a small deception is discovered after being hired, no punishments, much less dismissal, can follow: informing your superiors about pregnancy is not a mandatory requirement when applying for a job .

Dismissal of a pregnant woman due to liquidation of an enterprise

Nadezhda works in the jewelry department in a small department of a shopping center. She is 5 months pregnant. Her employer, private entrepreneur Irina Solomenko, once announced that in a month she would close the department and liquidate the enterprise. She told Nadya that she would be fired due to liquidation. Is this legal? What awaits Nadezhda in the future? What means of living can she count on in the future?

Answer: It is legal to dismiss a pregnant employee due to the liquidation of the enterprise. This should be the liquidation of the enterprise, and not reorganization or transfer, division, acquisition, etc. You can check this by contacting the labor inspectorate. Nadezhda's employer was obliged to notify Nadezhda at least 2 months in advance of the upcoming dismissal. Upon dismissal, Nadezhda is entitled to a severance pay equal to a month’s salary, as well as payment of earnings until her next employment, but no more than 2 months. The right to receive maternity benefits and child care benefits up to 1.5 years old is retained, but the dismissed employee will receive this money not from the employer, but from the employment exchange.

Responsibility

Of course, we will consider monetary and administrative penalties only in the case of official employment. A “private trader” can fire any employee without giving reasons. This is a disadvantage of unofficial work, although there is no such concept in the Labor Code.

Article 5.27 of the Code of Administrative Offenses talks about the following fines for illegal dismissal of a pregnant woman:

• officials - from 1 to 5 thousand rubles;
• individual entrepreneurs - from 1 to 5 thousand rubles;
• for organizations/companies and other legal entities - from 30 to 50 thousand rubles.

Article 145 of the Criminal Code implies the following penalties:

1. a fine of up to 200 thousand rubles or in the amount of wages or other income for 18 months;
2. correctional labor up to 360 hours.

Dismissal of a pregnant woman due to the closure of a branch in another city

Olga lives and works in Podolsk. Her employer is a large Moscow company with branches in cities closest to Moscow. When Olga was 3 months pregnant, her boss said that in 3 months their Podolsk branch would be closed. Some employees will be transferred to work in Moscow, and some will be laid off. Olga then announced her pregnancy and reminded that she could not be laid off due to pregnancy.

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When the moment came for the branch to be liquidated, Olga was offered to work in Moscow at their head office until the day she went on maternity leave. But due to poor health, she cannot travel that far. “Then quit!” - the boss told her. What should Olga do?

Let's consider the situation from the point of view of the Labor Code:

1. Olga was warned about the reorganization (liquidation of the branch) at least 2 months in advance - this is correct by law. If a branch located in another city is liquidated, the dismissal of employees can occur in the same way as in the case of complete liquidation of the enterprise. That is, Olga could be fired with 1 month of severance pay and payment of wages until her next employment, but for no more than 2 months.

2. Olga was offered a job in another branch, in another city. The employer may not have done this. If Olga cannot work in another city, she may ask to be fired due to the liquidation of the branch.

If she doesn’t want to quit and still expects to work in Moscow in the future, then she can be advised to “sick” for the remainder of her maternity leave. She can go to work a few times and be given sick leave the rest of the time. This is a dishonest method, but they won’t be able to prove you wrong.

Where to go if a pregnant woman is fired

In the context of the financial crisis, in recent years we have increasingly seen cases of forced furloughs, unjustified dismissals and salary cuts. And everyone needs to know their rights, and even more so a pregnant woman. A question that concerns many expectant mothers is whether a pregnant woman can be fired? What rights does she have, and does a pregnant woman have any special restrictions on work? And what loopholes do managers use to fire pregnant women?

The content of the article:

Dismissal of a pregnant woman during liquidation of a company - rights of expectant mothers

If we are talking specifically about the liquidation of a legal entity (organization), and the rights and responsibilities are not transferred to other persons through succession, then the employer is not obliged to employ his employees. However, his obligations in this situation include:

• Personal notice of future dismissal two months (minimum).

• Payment of severance pay (it is equal to average monthly earnings).

• Maintaining this salary for the duration of employment (no more than two months after dismissal).

• When closing a branch, the grounds for dismissal of the expectant mother will be the same as when liquidating the organization.

During a company reorganization (division, merger, etc.), the expectant mother cannot be fired. As for dismissal upon termination of the activities of an individual entrepreneur, the procedure is the same as for the liquidation of a company.

Dismissal of pregnant women under a fixed-term employment contract - what an employer can do

• If the contract expires during pregnancy, the employer must extend the contract with the expectant mother until the end of the pregnancy, after her written application and provision of a pregnancy certificate. At the same time, once every three months (they have no right to demand more often), a woman must confirm her pregnancy with a certificate.

• If the mother continues to actually work after giving birth, the organization’s management has the right to terminate the contract based on its expiration. The contract is terminated within a week from the day the employer learns of the end of the pregnancy.

• Dismissal of the expectant mother is also possible due to the expiration of the contract during pregnancy, provided that the contract was concluded for the expectant mother to perform duties instead of a temporarily absent employee, and the employer cannot provide other work that meets the work requirements for the pregnant woman due to the lack of such vacancies. In this case, the employer’s responsibilities include offering the expectant mother all vacancies that meet the specified requirements.

Can an employer refuse?

The opposite question is also possible: can the head of an enterprise or individual entrepreneur refuse his pregnant employee who wants to quit? Are there grounds for refusing to terminate an employment contract?

It should be noted here: the Labor Code of the Russian Federation does not contain such grounds in principle. Regardless of the state of pregnancy, Art. 80 of the Labor Code of the Russian Federation does not provide for the opportunity for an employer to evade termination of an employment contract.

Moreover, Art. 4 of the Labor Code of the Russian Federation directly prohibits forced labor - and this is precisely what will be the actions of an employer who refuses to terminate the employment relationship at the request of the employee.

Even if the employee is a unique specialist, the employer has the right only to persuade her to stay at work - but not to prevent her from dismissal.

Motives for dismissing pregnant women - tricks of employers

Dismissal of a pregnant woman at her own request - what awaits the expectant mother

This is the most ideal option for an employer. It is often used “under pressure” (threats, clearly negligent attitude, etc.), as a result of which the woman, in despair, actually agrees to write a statement. What should an expectant mother know?

• Even after writing a statement, the expectant mother has the right to withdraw it if she changes her mind about quitting. You can withdraw your application within 2 weeks in writing. If during this time another employee has not been found to replace the pregnant woman, then dismissal does not occur.

• If the expectant mother quit of her own free will, then the payment of benefits is no longer the responsibility of the company.

• The employer has no right to force you to write such a statement. If such a fact occurs, the expectant mother can safely go to court.

Dismissal of a pregnant woman for absenteeism or violation of labor obligations

The expectant mother is legally protected from the risk of discrimination by the employer. Therefore, it is impossible to fire her for absenteeism or even a gross violation of discipline. But a reprimand, reprimand or other disciplinary action is possible.

Can a pregnant woman be fired during her probationary period?

As everyone knows, the employer sets a probationary period to test the employee’s professional suitability. A positive test result is grounds for hiring, a negative result is grounds for dismissal. What does an expectant mother need to know?

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• If the contract does not provide for such a condition as testing an employee to check suitability for work, then it can be argued that you were hired without a probationary period. That is, the motive “did not pass the probationary period” cannot be used for dismissal.

• A probationary period, according to the law, cannot be established for an expectant mother hired in a position.

• If there is a certificate of pregnancy, the employer does not have the right to dismiss the expectant mother as an employee who has not completed the probationary period.

• The employer is obliged to extend the term of the contract (in this case, until the BIR leave) if it expires during pregnancy.

• The fact of pregnancy at the time when the decision is made to pass/fail the “test” is important. Therefore, pregnancy should be warned in advance, and then it will be impossible to terminate the employment relationship with the expectant mother.

Labor Code and dismissal without work

The work itself occurs in two cases of dismissal:

• At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation)
• For staff reduction – 2 months (Article 180 of the Labor Code of the Russian Federation)

However, the second option is usually not considered work-off; in addition, everything here depends entirely on the employer - he has the right to fire the employee earlier, paying compensation for time not worked.

As a rule, the employee is interested in how to resign before the expiration of the two weeks provided for in Art. 80 Labor Code of the Russian Federation. This is possible: for example, if an employee is on a probationary period, then he must notify the employer of dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options.

Why, how and for what can a pregnant woman be fired?

Many managers dream of getting rid of such an unwanted employee as a pregnant woman. Often, to achieve their goal, they abuse their rights or resort to various tricks. You should know that any such actions by the employer are illegal - the expectant mother cannot be fired. So, what else do employers motivate for dismissing a pregnant woman?

• Part-time work. They cannot invite a permanent employee to take the place of a future mother working part-time. These are violations of the law.

• According to the decision of the owner of the property, the organization or the general meeting of shareholders. Likewise, dismissal is prohibited.

• Disciplinary violations. Dismissal is prohibited.

• Working conditions that are unbearable for the expectant mother. The creation of such conditions often frightens pregnant women into writing a letter of resignation. These actions are illegal.

• Lack of vacancies with easier working conditions. The employer is obliged, in accordance with the law, to provide the expectant mother with easier work (or part-time work) at her written request, confirmed by medical certificates, while maintaining the amount of earnings. In the absence of such vacancies, the expectant mother is relieved of work, and her earnings are maintained at the expense of the employer.

• Inadequacy for the position due to health or lack of qualifications. See previous paragraph.

Employers also use the following grounds to dismiss an expectant mother:

• Presence at the workplace in a state of alcoholic (or other) intoxication.

• Committing theft, damage, or destruction of company property.

• Inaction (or, on the contrary, action) resulting in loss of trust of the employer.

• Immoral behavior that is incompatible with continued employment.

• Disclosure of any information that is a trade secret.

• Actions that resulted in material damage to the employer.

• Absence from work for two or more months. It is worth clarifying here that there is a list of diseases that are an obstacle to dismissal. This list also includes illnesses that complicate the course of pregnancy, the threat of miscarriage, etc. That is, in fact, on the basis of such a long absence from work, they cannot be fired (if the illness is confirmed by certificates).

Retrenchment at work: is it acceptable?

And here they give only a negative answer. Such women are prohibited from being laid off. If the department where the position is held is being laid off, it is imperative to provide another workplace with suitable conditions. If the new conditions do not suit the citizen, she is allowed to resign at her own request.

Any citizen acts as an employer, including when services are provided to an ordinary individual. For such situations, unilateral termination of contracts is also prohibited.

Lawyers' answers (5)

Contact the labor inspectorate in accordance with the provisions of Chapter 57 of the Labor Code of the Russian Federation with a complaint about the illegal actions of the employer.

The Federal Labor Inspectorate is a single centralized system consisting of a federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies (state labor inspectorates). /st. 354 Labor Code of the Russian Federation/

Also file a complaint about the employer’s unlawful actions with the prosecutor’s office.

Art. 261 Labor Code of the Russian Federation:

Termination of an employment contract at the initiative of an employer with a pregnant woman is not allowed, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.

If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy, and if she is granted maternity leave in the prescribed manner - until the end such a vacation. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower-level position or lower-paid job), which a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. Termination of an employment contract with a woman who has a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without a mother, with a parent (another legal representative of the child) who is the sole breadwinner of a disabled child under eighteen years of age or the sole breadwinner of a child under three years of age in a family raising three or more young children, if the other parent (other legal representative of the child) is not employed relations, at the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of this Code).

Procedure

Submitting an application

Art. 80 of the Labor Code of the Russian Federation provides that termination of an employment contract at the employee’s own will occurs only on the basis of his written application. Therefore, the first step towards dismissing a pregnant employee is to submit this application to her (we talked about how to dismiss a pregnant employee legally here). The document can be submitted:

1. To the HR department of the enterprise.
2. The head of the structural unit in which a woman works.
3. Directly to the head of the entire enterprise or personally to the individual entrepreneur.

The specific filing procedure is determined by local regulations in force at the enterprise.

According to Art. 80 of the Labor Code of the Russian Federation, when dismissing at one’s own request, the rule of two-week “working off” applies. This means that the 14-day period begins to run from the day after the application is submitted. It is given to the employer to find another employee to replace the quitting employee.

At the end of this period, the pregnant woman has the right to end her working activity: on the last day of the term, all her relations with the employer are terminated.

The warning period established by Art. 80 is not mandatory - termination of the employment contract may occur earlier. But although the employer has the right to fire a pregnant woman without working time, she is not obligated to do so - labor legislation does not contain such a condition.

If the head of an enterprise or individual entrepreneur does not give his consent to early dismissal, even a pregnant woman will have to work out the entire notice period.

Dismissal during pregnancy

You are pregnant and probably happy! It seems that the whole world should rejoice with you. However, there is one person who is unlikely to like the news of your pregnancy. This is your employer.

And the worst way he can express his dissatisfaction is by offering to quit . Do not be afraid. The situation is unpleasant, but everything is not as scary as it seems.

The website for mothers supermams.ru will tell you whether it is legal to fire someone during pregnancy and what you need to do if they try to fire you .

The law protects pregnant women

The first thing you need to firmly remember is: the law is on your side . The labor relations of an employer with a pregnant employee are regulated by the Labor Code of the Russian Federation, which states the following:

• A pregnant woman can be fired for only one reason - in the event of liquidation of the enterprise . In all other cases, the dismissal will be illegal and can be challenged in court.
• If a woman is on a probationary period, after reporting pregnancy, the employer is obliged to register her on the usual basis . The law does not allow establishing a probationary period for pregnant women.

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If the contract with the employer has ended

Anything can happen in life. Perhaps you worked under a fixed-term contract that ended during pregnancy . Will you really be left without a job? In no case! Here is what the law says regarding the termination of a contract during an employee’s pregnancy:

• It does not matter at what point the contract ends: when the woman is still working or when she has already gone on maternity leave. In any case, the employer and pay the woman all benefits due to her.
• If the mother has already gone on maternity leave by the end of the contract, Article 81 of the Labor Code comes into force. According to this article, the employer must extend the contract until the end of maternity leave.
• At the end of maternity leave, the employer has the right to fire the woman. At the same time, he is obliged, in accordance with Article 79 of the Labor Code, to warn her of dismissal within three days.
• There are only two legal reasons for terminating a contract. We have already mentioned the first one. This is the liquidation of the enterprise. The second reason is if the expectant mother herself does not want to renew the contract.

Some employers, realizing that a refusal to renew a contract can be challenged in court, offer the woman to write a statement of her own free will . Sometimes a pregnant employee is put under significant pressure. The employer can give a variety of arguments, saying that you are not working well enough or that your qualifications do not correspond to the position you occupy.

Under no circumstances take his words seriously and do not give in to provocations ! If you have doubts, remember that before the start of pregnancy, the employer was probably satisfied with your qualifications and the quality of your work.

In the event that the pressure becomes too strong, it is worth warning that you will contact the department of the federal labor inspectorate . It is unlikely that the employer will want to write long explanations, blush like a boy at meetings of the labor dispute commission and pay large fines for violating labor laws.

The only thing you should not do under any circumstances is write a letter of resignation of your own free will . In the future, it will be almost impossible to prove that the statement was written under duress.

Women who were unable to formalize a contract with an employer feel the most unprotected. Often they do not even try to defend their rights, believing that they are certainly not entitled to anything. And completely in vain!

By law, a person is considered employed from the day he first goes to work , even if the employer refused to enter into a contract. However, in this case the fact of employment will have to be proven. If you are pregnant, working, but the employer refuses to officially employ you, you need to contact the labor department . It is advisable to bring witnesses with you who can confirm your words.

Most employers, for all their shortcomings, are practical and sensible people. The pregnancy of an employee causes certain troubles for the employer. We have to fill out documents and find a replacement for the woman during her maternity leave. But these worries are insignificant compared to the worries that an employer will have if he is accused of violating labor laws.

Fired! What to do?

What to do if you were fired during pregnancy? There are two ways to solve the problem:

• You can contact the department of the Federal Labor Inspectorate (labor department), an influential organization that successfully resolves a significant part of labor conflicts.
• If the labor department was unable to solve your problem, don’t delay, go to court as soon as possible . An application for illegal dismissal must be filed within a month from the date of receipt of the work record book or delivery of a copy of the dismissal order.

The law gives a pregnant woman virtually unlimited rights in relation to her employer. You can be late, you can work half-heartedly, you can be rude to your boss.

You can't get fired while you're pregnant, no matter what you do. Don't abuse your rights. Remember: the child will be born, grow up, and someday you will have to go to work again. It is necessary to protect your rights. It is unwise to abuse these rights .

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A pregnant woman's position is being cut

Sometimes it happens like this: an employee first signs an agreement, and then finds out that she is pregnant and refuses to leave.
In this case, the employer is not obliged to accept it back, but there is an exception. If the employee was pregnant at the time the agreement was signed, she will have to be reinstated. The courts take the side of workers in such situations. Ideal situation: the employee does not want to work during pregnancy and can quit of her own free will or by agreement of the parties. For the employer, these formulations do not matter; the procedure will be almost the same.