Aušra Tartilaitė


The goal of this work is to estimate legal regulations existing in Lithuania, assuring guarantees for pregnant woman in employment legal relations.
The research implemented Lithuanian Legal Acts descriptive analysis and comparative analysis in other states – Germany, Austria, Switcherland and Russia. The method of logical analysis was applied in the research, referring to international and European Union legal documents, Lithuanian Courts practice – civil cases related to the guarantees of pregnant women were analyzed. Special interest was paid to historical aspect of analogical employment relations legal regulations.
The article focuses on the fact that in Lithuania pregnant women rights and guarantees established in Labour Code are more complicated than analogical relations, established in other countries legal regulations. Pregnant women conception in legal acts is analyzed. In Lithuania pregnant employee’s status is defined only when medical statement on pregnancy is submitted. Such definition is criticized, thus, it is proposed that pregnant woman has to inform an employer on this and an employer reserves the right to ask for such medical statement as a proof. The article deals with the payment issues and status of maternity holidays when there exist no possibilities to have safe working environment. Maternity leave for employees working in hazardous conditions is the kind of holidays which is not defined in Labour Code alongside with other purposeful holidays. Such separation of this kind of holidays does not assure the integrity of the Labour Code. It is offered to supplement the Labour Code article 178 with paragraph 8, which should establish the right to holidays for pregnant woman working in hazardous surroundings or with hazardous factors. Considering the existing economical situation in Lithuania, it is debated if the duty of employers to pay 100 % of average salary during these holidays would not cause negative employer’s attitude to pregnant employees and their guarantees. The conclusion is drawn that such duty should not be left exclusively for employers.

Keyword(s): pregnant employee, social guarantees, employment legal relations, Labour Code.
DOI: 10.5200/165
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