Recommendation on Dismissal of a Woman on Maternity Leave
On February 9, 2015, the Public Defender addressed the headmaster of Tbilisi Public School N115 with a recommendation to study a case of dismissal from work of L. Gh. who is on leave of absence for reasons of pregnancy, childbirth and child care and restore the violated labour rights in accordance with the law.
The Public Defender’s Office of Georgia examined the application of L.Gh. regarding her release from the position of Deputy Headmaster during the period of leave of absence for reasons of pregnancy, childbirth and child care.
According to the article 36 of the Georgian Organic Law, the Labour Code, labour relations are suspended during maternity leave; suspension of labour relations are temporary and does not result in termination of labour relations. During the suspension of labour relations it is prohibited to terminate a labour contract. In addition, the article 37 of the Code lists bases for termination of labour relations and none of which could have served as grounds for termination of L. Gh.’s labour relations.
In his recommendation, the Public Defender discussed necessity of strict compliance with obligations assumed under the format of the national legislation and international documents.