Pregnant and breastfeeding workers can be dismissed at the time of mass layoffs, holds European Court of Justice

The European Court of Justice has held that pregnant and breastfeeding employees can be dismissed as part of a collective redundancy of employees, i.e., at the time of a mass layoff of employees, if their dismissal is not expressly prohibited under the law of their country. In this case, a worker who was dismissed as part of a mass layoff while she was pregnant, challenged the decision of the company before the High Court of Justice of Catalonia, which in turn referred it to the ECJ.

Jessica Porras Guisado v. Bankia SA, Case C-103/16, decided on 22.02.2018.

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