Prejudicial unilateral imposition of job rotation on employees after maternity leave

Special Report 2012

Description

In 2012, the Ombudsman highlighted the prejudicial unilateral imposition of job rotation on employees returning from maternity and parental leave, while a significant number of them were within the period of maternity protection and therefore could not be fired. The law imposes substantive requirements for the imposition of job rotation, which must be met cumulatively, to prevent misuse of the measure, whereas the Ministry of Labour has expressed the view that working women during the maternity protection period should be the last option [ultima ratio] of the employer for job rotation. The Ombudsman noted however that the provisions were violated by the employers, including frequent application of the measure on employees returning from maternity and parental leave.

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