He Social Court number 6 of Santa Cruz de Tenerife has declared null and void the dismissal of a woman who was 27 weeks pregnant and who has been reinstated by the concessionaire of the cafeteria service of a hospital on the island for which she worked as a cook, reported UGT Canary Islands.
In a statement, the union details that on February 9, 2022 the company informed the worker that the ERTE for cause majeure derived from the pandemic it had been accepted and that she was directly affected by it.
It so happens that the plaintiff had already taken leave due to temporary disability prior to this communication, specifically on January 11, 2022, in addition to later having a medical report stating that I was 27 weeks and one day pregnant.
Despite the fact that the company claimed changes in production and the need to reorganize tasks, UGT emphasizes that article 55 of the Constitution “clearly establishes” the cases in which dismissal is to be considered null and void.
Among them, that of the workers during the period of suspension of the work contract due to maternityrisk during pregnancy, risk during breastfeeding, diseases caused by pregnancy, childbirth or breastfeeding, adoption or foster care or paternity.
And more specifically, it mentions the null dismissal of pregnant workers, from the date the pregnancy began until the beginning of the suspension of the contract.
UGT “reminds” companies that “maternity is a personal choice and that the Spanish Constitution ensures that it is not a discriminatory cause”, and warns that it will be “attentive” so that “circumstances like these do not occur again”.
