AKMV 
Pregnant employee
Question:
As an employer, we offered a job to a lady. She accepted our offer and we arranged for her to start work. Now, a few weeks before the start of the job, she informed us in the email communication that she was pregnant and that she would not mind if we changed our minds about the offer. This is a position that involves working at night. Can a pregnant employee take up such a position? Is the employer obliged to allow her to start work?
Answer:
The employee’s pregnancy does not in itself preclude night work. However, if the pregnant employee agrees to work at night now, she could later ask to be reassigned to day work and the employer would be obliged to reassign her.
According to Article 40(4) of the Labour Code: “For the purposes of this Act a pregnant employee shall be an employee who has informed her employer in writing of her condition and who has submitted a medical confirmation of this. “
According to Article 55(2)(b) of the Labour Code: “The employer shall be obliged to reassign an employee to another job if a pregnant woman, a mother who has given birth within the last nine months or a breastfeeding woman performs work that such women may not be employed to do or which according to a medical opinion jeopardizes her pregnancy or maternal function. “
According to Article 55(2)(f) of the Labour Code, “The employer shall be obliged to reassign an employee to another job if a pregnant woman, a mother who has given birth within the last nine months and a breastfeeding woman requests a transfer to day work if assigned to night work.“
According to Article 162(4) of the Labour Code: “If transfer of a pregnant woman to a position with day work or transfer to other suitable work is not possible, the employer shall be obliged to provide a pregnant employee with time off and wage compensation. “
We do not recommend relying solely on the employee’s email, as even though it was sent, the employee’s ability to challenge the termination of the contract or the termination of the employment relationship in the future is not precluded if the employment relationship arises, and the email sent cannot be regarded as an agreement to cancel/terminate the employment relationship even in terms of its content.
The employment relationship shall commence on the date agreed in the employment contract as the date of commencement of the employment relationship. In the case of an existing employment relationship, the employer is obliged to reassign the employee to another job within the meaning of the above-mentioned provisions. Similarly, where the employment relationship has not yet been established, the employer could agree with the employee to perform other work which would not endanger the employee’s pregnancy.
Please note that if in the future the employee wishes to challenge the termination of the contract or the termination of the employment relationship, the content of your entire communication would be considered.