- In what situations should I suspect that I am at risk of discrimination, or that I have become a victim of it?
We speak of discrimination when someone possesses a so-called “protected characteristic” (e.g., being a woman, a mother, etc.) and is treated less favourably – presumably because of that protected characteristic– compared to others in a similar situation (e.g., working in the same position or employed by the same employer, etc.), who do not possess that protected characteristic (men, childless individuals, etc.).
Discrimination may occur, for example, if a person is not hired because they have young children, or if they receive lower pay than their male colleagues, or if they are humiliated or insulted because they are an employee with young children or a woman, etc.
The Equal Treatment Act also classifies sexual harassment as a form of discrimination!
- Can an employer ask during a job interview whether I have children or plan to have children in the future?
No, asking such questions is explicitly prohibited by law. If a question regarding having or raising children is asked during the interview, and the application is subsequently rejected, and a causal link between the two can be presumed, there is grounds to suspect discrimination.
- I was fired during my probationary period because it turned out I was pregnant. Is there anything I can do?
Although either party may terminate the employment relationship without cause during the probationary period, if there is reason to believe that the termination was due to the pregnancy, you may have a valid basis for initiating legal proceedings against the employer.
- My fixed-term contract has expired, and contrary to previous practice, they did not offer me a new contract this time, likely because it turned out I’m expecting a baby.
Although in the case of a fixed-term contract the employer has no further obligations after the contract’s expiration date, if there are reasonable grounds to believe that a new contract was not offered due to the pregnancy (and a contract was instead offered to someone else to perform the same duties), there is a good chance that legal action can be initiated. In such a case, the appropriate course of action for the employer would have been to inquire how long the expectant mother intended to work, enter a contract with her for that period, and then hire someone else to replace her afterward.
- Am I required to immediately inform my boss that I am pregnant?
Although a provision was in place for a short period that required employees to inform their employer of their pregnancy, the Constitutional Court abolished this. It is up to the employee to decide, after weighing all the circumstances, when to announce her pregnancy.
- What can I do if I’ve been subjected to constant harassment at work ever since I announced that I’m expecting a child and will soon be unable to work?
The law defines harassment as situations in which a humiliating, degrading, or offensive atmosphere that violates a person’s human dignity is created around them due to a so-called protected characteristic (in this case, pregnancy). If you feel you have become a victim of harassment, you should first file a complaint with your supervisor, and if that does not yield results, you may even initiate legal proceedings.
- I would like to end my unpaid leave and return work, but my employer isn’t very cooperative about this. Who decides when I can return to work?
The Labor Code stipulates that the employer is required to terminate the unpaid leave on the date specified by the employee, but no earlier than the thirtieth working day following the notification of the employee’s written declaration to terminate the leave, and to provide the employee with work. In other words, the employee decides the date of their return and notifies the employer in writing. The employee also has the option to request part-time employment until the child reaches the age of three. In this case, the employer must provide this for a duration of four hours per day. Of course, if you know you want to return to your original workplace, it is advisable to stay in touch with your employer periodically, inquire about your options, and discuss your plans with them.
- I notified my employer, that I would like to return to work, but my employer informed me that they are unable to rehire me because my previous position has been eliminated due to organizational restructuring. Can my employer continue to employ me in a different position?
Yes, provided that this is justified by actual organizational needs. However, the other position must be correspond to the employee’s educational qualifications, and the pay must not be lower.
- I wanted to return to my job before giving birth, but my employer told me that they no longer needed me because they had hired someone else to replace me and couldn’t offer me a position – especially for someone caring for a young child. However, they did offer the termination of my contract on “mutual agreement”.
In such cases, we always advise people not to sign any documents regarding the termination of employment by mutual agreement at the employer’s request, even if pressuring, because doing so would deprive them of the severance pay they are entitled to after years of service, as well as the possibility of seeking any legal remedy afterward. If it is clear that the employer’s conduct is not based on genuine organizational or operational reasons, but rather on the intention to get rid of an employee with young children, it is possible to go directly to court.
- How long does my protection against dismissal last after giving birth?
A woman is entitled to protection against dismissal until her child reaches the age of three. However, if the employee returns to work before the child turns three, this protection ends on the date she returns to work. At that point, the employer may terminate the employment if the employee commits a serious breach of duty or if a change occurs in the employer’s operations that genuinely justifies the termination of the employment relationship.
- When I returned to work, I found that my salary had not been adjusted to match the salaries of my colleagues in the same (or equivalent) positions, which had increased in the meantime, so I earn significantly less than they do.
The law requires the employer to initiate an amendment to the employment contract regarding wages upon return from childcare leave. When determining the new salary, the average rate of pay increases at the employer’s company must be taken into account. Discrimination in pay is also prohibited by the Equal Treatment Act.
- At work, people regularly complain that I’m away too much because of my kid and I’ve been the target of judgemental remarks about this on several occasions, and the atmosphere makes me feel increasingly stressed.
The law defines harassment as the creation of an offensive, hostile, intimidating, or humiliating environment around a person based on a so-called protected characteristic (in this case, motherhood). In such cases, it is advisable to first file a complaint internally. If that does not yield results, legal action may even be taken against the employer.
- My contract was terminated as part of a mass layoff. Everyone says there’s nothing we can do in a situation like this. At the same time, it really bothers me that many of those laid off are mothers with young children. Can they really get rid of us that easily?
In the case of mass layoffs, there are indeed few grounds for challenging the termination. However, if it can be demonstrated that the proportion of women with young children among those laid off is higher than that of other affected employees, a suspicion of discrimination may arise. The law defines indirect discrimination as a situation where an apparently neutral measure disproportionately disadvantages a group with a protected characteristic compared to those in a comparable situation who do not have that characteristic. Mass layoffs, therefore, cannot be used as a means for an employer to get rid of employees with young children “all at once.”
- I’d like to apply for a management position, but I’ve already been “told” not to even try, because as a woman / a mother of young children, I don’t stand a chance.
The law specifically mentions and prohibits discrimination in the promotion system. In such cases, we would recommend that you submit your application in any event, and if there is reasonable cause to believe that a subsequent decision unfavorable to you was made solely because of your gender or your status as a parent of young children, you may challenge it in court
- I would like to file a complaint, but I’m afraid I won’t be able to prove discrimination.
The law does not require the complainant to prove discrimination! If someone files a complaint for discrimination, they must establish two things: (1) they possess a protected characteristic (e.g., woman, mother, pregnant, etc.), and (2) they suffered a disadvantage (they were not hired, were fired, earn less than those who do not possess such a protected characteristic, were treated in a humiliating manner, etc.).
If the complainant has established these two circumstances, the employer bears the burden of proving that they did not discriminate (i.e., what happened is not related to the complainant’s protected characteristic, or there was some reasonable justification for the distinction).
