After little More than a year working as a home employee At the same home, a worker is fired after a conversation with his employer. Understanding that the way he was fired and the reasons why the decision was made were unjustified, The worker decided to take the case to court.
This employee began working in the month of May 2023 performing home tasks as interim. Did not hold a written contract. But their conditions were known. Specifically, I worked from Monday to Sunday, with full -time and only one break: on Saturdays from 15 to 22 hours. Therefore, I perceived a salary of 1,050 euros per monthwith prorated payments.
A person signs a employment contract, in a file image
But everything changes on September 9, 2024. That's when the worker He communicates to his employer who is pregnant. And that same day, his boss tells him not to work again, understanding that the main reason for his dismissal was precisely the pregnancy, one that was already 12 weeks at that time.
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Therefore, the worker goes to the courts. First, he did it in the Social Court Nº21 of Madridwhose judges issued a judgment on November 29 of last year 2024. Specifically, the Court considered that The dismissal should be void “For violation of fundamental rights related to motherhood protection.”
Image resource of a judge
Not only that, but the worker was also entitled to a Legal compensation of 3,417.53 eurosto those who should add 9,576 more for processing salaries y 7,501 euros extra to repair moral damage. In addition, the employee could demand the payment of vacations not enjoyed, proportional parts of extra payments and other quantities.
Discontent with the judicial decision, the employer decides to submit a appeal for supplication before the Superior Court of Justice of Madrid. And this judgment on May 29, this 2025. The judges of the Court ratified the judgment of the Social Court and declared that dismissal should be void. Although the employee was not registered in Social Security or there was a written contract, The employer had no right to fire the worker, pregnancy being the only cause.
