On 1 April, Law N° 31152 was published, by which subsection e) of Article 29° of the Law of Productivity and Labor Competitiveness (LPCL in Spanish) was modified.
Through the aforementioned modification, the following were established:
Below is a comparative table on the regulatory changes:
Previous text | Text of Law No. 31152 |
Article 29.- The dismissal which has the following reasons is null and void: [...] e) Pregnancy, birth and its consequences or breastfeeding, if the dismissal occurs at any time during the gestation period or within 90 (ninety) days after birth. Dismissal is presumed to be on the grounds of pregnancy, birth and its consequences or breastfeeding, if the employer does not prove in these cases the existence of just cause for dismissal. The provisions of this subsection shall apply provided that the employer has been notified of the pregnancy in a document prior to dismissal and does not impair the employer's right to dismiss for just cause.
| Article 29.- The dismissal which has the following reasons is null and void: [...] e) Pregnancy, birth and its consequences or breastfeeding, if the dismissal occurs at any time during the gestation period or within 90 (ninety) days after birth. Dismissal is presumed to be on the grounds of pregnancy, birth and its consequences or breastfeeding if the employer does not prove in these cases the existence of just cause for dismissal. The provision established in this subsection is also applicable to the worker during the probationary period regulated in Article 10, as well as to those who perform services under the part-time regime of four or less hours a day, provided for in Article 4. The provisions of this subsection shall apply provided that the employer has been notified of the pregnancy in a document prior to dismissal and that it does not impair the employer's right to dismiss for just cause. |
We trust that this information is relevant to you and your company. If you require a deeper understanding of the topic, do not hesitate to contact us.
