On many occasions there are doubts about the rights and obligations of pregnant or breastfeeding workers; there are also questions about the differences in the application of reprimands or termination of the labor relationship.

Chapter Seven of the Labor Code contains most of the provisions on women workers. In fact, it establishes a protection privilege applicable to those workers who are pregnant or breastfeeding, since they can only be dismissed with just cause, that is, if they commit one of the serious offenses stipulated in the Labor Code, in accordance with Articles 81 and 369 of that body of law.

Despite having a special protection privilege, pregnant or breastfeeding women must comply with the duties established in their employment contract and may be subject to sanctions, in case of any breach and as any other worker, they must justify and answer for any fault or breach of their duties and obligations.

In order to effectively enjoy the special protection privilege, the pregnant or breastfeeding worker must give notice to her employer, providing the respective medical certification or proof from the CCSS, according to article 94 of the Labor Code.

In the event that the worker incurs in a serious offense and the employer wants to dismiss her without employer’s responsibility, the dismissal must be processed before the National Directorate and the General Labor Inspection of the Ministry of Labor and, in case such offense is proven, the Directorate may authorize the employer to dismiss her.

The Labor Code, in its articles stipulates that women who are pregnant or breastfeeding may challenge, in a summary proceeding (priority proceeding before any other process), the reason for the dismissal or any other disciplinary measure or any other measure considered discriminatory and the violation of the special protection privileges.

In this summary proceeding, in the event that the fault is proven, the Labor Judge may declare the nullity of the act and, not only order the reinstatement of the worker, but may also define an amount of compensation, according to his criteria, for damages and prejudices. However, in the event that the due process is complied with and the serious misconduct of the worker has been proven and the Labor Inspectorate authorizes the dismissal, the employer will have a term of one month to be able to use the authorization of the dismissal.

It is of utmost importance that pregnant or breastfeeding workers know their rights but also have clear their obligations, in order to enjoy this special protection privilege. It is also essential that there is proper communication between management, employees, Human Resources and other departments, not only in order to maintain proper documentation, but also so that everyone is aware that the company’s employees have this special protection privilege and thus avoid non-compliance when applying any sanctioning measure.

In case you require advice on this issue or any other within the Labor Law, ERP Lawyers has a specialized team that can assist you. Do not hesitate to contact us at info@erplawyers.com