Since March 2 I have an employment contract for an indefinite period, although I have not received the contract yet, but the certificate has already been issued by my employer, so he had to register me, and I am in the 8th week of pregnancy and I do not feel well . The doctor told me that on March 25, when I have another appointment, he would give me an L4, but my employer made it a condition that I had to work two months after receiving the contract, because he was afraid of being checked by the Social Insurance Institution. Please tell me what it is like, do I have to work these two months for the employer to avoid being checked? Can he ask me to work even though my mood is not the best? In November 2014 I had a miscarriage and I'm afraid it might happen again.
You cannot hide behind the need for the presence of an employee, exposing his or her he alth condition and the he alth of the child.
The provisions of the Labor Code clearly show the tendency according to which a pregnant woman is protected by a special law.
Pursuant to Art. 179 of the Labor Code, an employer hiring a pregnant employee should not allow the employee at work to perform the work specified in Art. 176 of the Labor Code, that is, inter alia: 1) related to physical effort and the transport of loads and the forced position of the body; 2) in a cold, hot and changing microclimate; 3) in noise and vibration; 4) exposing to electromagnetic fields, ionizing and ultraviolet radiation and work with screen monitors; 5) at increased or reduced pressure; 6) in contact with harmful biological factors; 7) in exposure to harmful chemicals; 8) threatening with severe physical and mental injuries.
An employer hiring a pregnant / breastfeeding employee at the above-mentioned works, he is obliged to adjust their conditions to the requirements set out in these regulations or limit the working time so as to eliminate risks to the he alth / safety of employees. If it is impossible or pointless to adjust the conditions in the current position / shorten the working time, the employer is obliged to transfer the employee to another job, and if this is not possible, release the employee for the time necessary from the obligation to perform work.
Legal basis: The Labor Code Act. U. of 2014, item 1502, as amended) REGULATION OF THE COUNCIL OF MINISTERS of 10September 1996 on the list of works that are particularly burdensome or harmful to women's he alth (Journal of Laws of 2006, No. 114, item 545, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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