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Parliamentary questions
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15 October 2007
by Simon Busuttil (PPE‑DE)
to the Commission

 Subject: Dismissal of pregnant women during the probation period
 Answer in writing 

According to EC law (Council Directive 92/85/EEC(1)) ‘Member States shall take the necessary measures to prohibit the dismissal of workers, within the meaning of Article 2, during the period from the beginning of their pregnancy to the end of the maternity leave referred to in Article 8(1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.’

However in Maltese law this rule appears to be subordinated to the rule that employers may dismiss employees during the period of probation without assigning any reason.

This means that Maltese law appears to allow employers to legally dismiss pregnant women during the probation period without assigning any reason at all and therefore in cases which may be linked to their pregnancy and/or in cases which are not exceptional.

Does the Commission consider that Maltese law is compatible with EC law?

Does the Commission consider that Maltese law should be changed to make it clear that pregnant women may not be dismissed during the probation period?

(1)OJ L 348, 28.11.1992, p. 1.

 OJ C 191, 29/07/2008
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