The advocate general of EU has ruled this Wednesday on case of an employee of Bankia
The special protection against dismissals that are pregnant women during pregnancy it does not disappear in ERE. Therefore, companies that engage in a workforce reduction should be aware that dismissal of pregnant women is only permissible when re are “exceptional cases is not inherent to state” and between m y do not fit regulations of employment. So what has been determined by attorney-general of EU Eleanor Sharpston in her conclusions to a prejudicial question raised by dismissal of a pregnant worker during ERE of Bankia in November 2013. These conclusions are not definitive, but it does tend to coincide in most cases with final judgments of european court.
- The european court points out that ERE of Bankia does not justify dismissal of a pregnant woman
The case has reached Court of Luxembourg from Superior Court of Justice of Catalonia, which raised question. He did so after receiving appeal of employee, who had reported his dismissal in a court of Mataró, who spoke in favour of Bankia.
The attorney general admits that in collective redundancies may be rare situations that will allow dismissal of a pregnant worker. “However, this does not mean that any collective dismissal is an exceptional case for purposes of maternity Directive”, aims.
The reasoning of Sharpston continues by saying that “to operate exception [...], it is not sufficient to invoke reasons which affect your position in case of a collective dismissal [...], but, in addition, practice must not have really a possibility to re-position to pregnant employee in anor suitable job”.
The case is recorded in ERE that Bankia took place in 2013, which resulted in departure of 4,500 employees months after receiving a multimillion dollar ransom in order to consolidate your accounts. Brussels brought n to Spain a line of liquidity conditional, among many or things, that banks benefited to perform different settings, one of m was restructuring of entities template.