Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 452.138 · Miscarriage Leave Regulations (S.L. 452.138)

S.L. 452.138 Art. 10Protection from dismissal and burden of proof.

In KraftAmtlicher Text

(1) Any dismissal or preparations for the dismissal of workers, even during the probationary period, on the grounds that they have applied for and, or availed themselves of miscarriage leave shall be unlawful.

(2) Workers who consider that they have been dismissed on the grounds that they have applied for and, or have taken miscarriage leave may request the employer to provide duly substantiated reasons for their dismissal. Such reasons shall be provided by the employer in writing, within fifteen (15) calendar days from such request.

(3) Where a worker establishes before a competent authority, facts capable of giving rise to a presumption that he has been dismissed on the grounds of having applied for and, or availed himself of miscarriage leave, it shall be the responsibility of the employer to prove that the dismissal was based on other grounds.