Protected period

What it means

A protected period is a time during which an employer may not give an employee notice of termination. The Labour Code provides it for situations in which the employee is vulnerable and losing their job would hit them disproportionately.

It covers in particular recognised temporary incapacity for work, unless caused deliberately or under the influence of alcohol, pregnancy, maternity and parental leave, sole care of a young child, performing certain public offices and other situations listed in the law.

Notice given during a protected period is void. If notice was given before the protected period began and the notice period would end within it, the notice period is usually extended, except in cases the law expressly treats differently.

How it works in practice

Before every dismissal we check whether the employee is in a protected period. With sick leave it matters from when it runs; with pregnancy the employer may not know, but the protection applies anyway. Keeping track of delivery dates is essential.

The law has exceptions in which the ban does not apply, for example when the employer is dissolved or part of it relocates, or where there are grounds that would justify immediate termination. These exceptions are interpreted narrowly.

The protected period applies only to dismissal by the employer. Termination by agreement or resignation by the employee is possible during it, but the employer should not pressure the employee, because an agreement signed under pressure can be challenged.

What to watch out for

The most common mistake is giving redundancy notice to an employee whose pregnancy the employer did not know about. The notice is void regardless, and in a dispute the employer pays back wages for the whole period.

The second risk is poor timing of delivery. If the employee falls ill the day before notice is delivered, the notice is void. Notice should be delivered in a provable way and to an employee who is at work.