Contraloría - Dictamen N° 1121 2013

La Contraloría General ordena reincorporar a exfuncionaria despedida sin conocerse su embarazo, aplicando el fuero maternal y la normativa laboral vigente, citando dictamen previo.

• A former employee of the Hospital de Urgencia Asistencia Pública filed a claim with the Contraloría General alleging non-recognition of her employment and salary. The claimant stated she was pregnant and had been performing duties for the entity since March 2011.
• A certificate of antiquity confirmed the claimant had provided services to the hospital on various occasions, with her last contract being a fixed-term designation for September 24 and 25, 2012.
• Article 201, first paragraph, of the Labor Code establishes that female workers are entitled to maternal leave (fuero laboral) during pregnancy and up to one year after the expiration of maternity leave, excluding the parental postnatal leave governed by Article 197 bis.
• Under the protection of maternal leave, employers are prohibi...