CONSIDERAȚII ÎN LEGĂTURĂ CU INTERPRETAREA INTERDICȚIEI LEGALE A CONCEDIERII SALARIATEI GRAVIDE (ÎN MĂSURA ÎN CARE ANGAJATORUL A LUAT CUNOȘTINȚĂ DE ACEST FAPT ANTERIOR EMITERII DECIZIEI DE CONCEDIERE), ÎN LUMINA DIRECTIVEI 92/85/CEE

In this study, the author, starting from the provision written down in Article 60 (1) c) of the Labour Code, according to which the dismissal of the pregnant employee is forbidden, as far as the employer was notified of this fact prior to the issuing of the dismissal decision, considers that the interpretation of this legal text should be performed extensively, in correlation with the provisions of Directive 92/85/EEC and, as such, the interdiction in question is also incidental, for example, in cases of dismissal of the employee in the trial period, of hiring the employee under a fixed-term contract or even if she did not notify the employer about her pregnancy condition prior to dismissal, if the failure to notify is not the consequence of bad faith of the person concerned and others.