Pregnancy showing: You should know that
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Pregnancy representation: What do I have to respect as an employee?
FAQs about pregnancy representation
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Pregnancy representation: What do I have to respect as an employee?
For new entrants, a pregnancy representation can be a great way to get your foot in the door of a business or industry. And who knows, maybe the employer has a position in the company after the representation, which he can offer you. Representing a regular employee should therefore not be taken lightly, but recommend yourself daily with your services.
The employment contract also includes the employment contract, which you should take a close look at in advance. If he is faulty, you may have a chance of permanent employment :
The employment contract must be in writing
This criterion is probably fulfilled in most cases anyway. It is conceivable, however, that a contract of indefinite duration can be concluded orally .
For reasons of traceability, very few employees will accept it. This is not possible with a pregnancy representation anyway. This employment contract must always be concluded in writing .
Pay attention to the date
The employment contract for pregnancy substitution must contain a concrete end date . Formulations such as until the end of the pregnancy or until the end of parental leave are not permitted.
If the contract does not contain a specific date, you may be entitled to further employment .
The reason should be stated
In addition, the reason of your time limit , so the pregnancy representation in the employment contract should be called.
Caution with renewed limitation
If the employee does not return to the announced date of parental leave, your fixed-term contract could be extended .
Important is the date. If the first fixed-term contract ends before a new fixed-term contract is concluded, you may be entitled to permanent employment.
According to the Part-Time and Time-Limitation Act, a time-limit is only allowed if no other employment relationship with the employer has previously existed. Exactly that was the case in the pregnancy department.
If your employer offers you a renewed fixed-term contract, the time limit may be invalid. Even if only a few days lie between the contracts.
FAQs about pregnancy representation
FAQs about pregnancy representationThe fact that one employee takes on a pregnancy or parental leave substitute for another employee is common . Just as common are the questions we have summarized for you below:
When is a time limit allowed as a pregnancy substitute?
The provisions on a time limit for the employment contract can be found in the Part-Time and Fixed-Term Act (TzBfG) . It stipulates in which cases a time limit is permissible and indeed
for new hires if the time limit does not last longer than two years.
if there is a factual reason . This also includes the pregnancy representation (§ 14 para. 1 sentence 2 no. 3 TzBfG).
Especially in the case of pregnancy and parental leave , there are other regulations that are found in the Federal Parental Allowance and Parental Leave Act (BEEG) . With regard to the time limit, this concerns the paragraph § 21 BEEG.
Can the pregnancy representation last for several years?
Yes, that is indeed possible. For example, a scenario may be conceivable in which the employee becomes pregnant and gives birth again during the original parental leave period for which you were hired as substitute. Parental leave and maternity leave would overlap.
In this case, the pregnancy representation can go into another. However, this must be specified in the new fixed-term contract . Employees should therefore check exactly how the time limit is determined.
The employment contract must specify a specific date. If this is missing, you may have the right to a permanent employment contract as a pregnancy substitute .
What happens if the employee returns from parental leave earlier?
If the employee returns early from parental leave, this is an unfavorable situation. Because now the employee is back , you should represent. What happens to you?
In this case, the employer can terminate your temporary employment contract. However, he must comply with the notice periods . In your case, a notice period of three weeks . In addition, the termination of your contract is possible at the earliest at the end of the parental leave period.
Yet another prerequisite must be met: the employee is at her own request, so returns without parental leave without the prior consent of the employer.
If you disagree as a pregnancy representative with the termination, you can sue against it. You must comply with a deadline of three weeks to file a claim.
Can I cancel before the end of pregnancy work?
If you do not like the position, you can cancel. If the employer gives his consent, he will usually sign a termination contract with you .
When the employment ends, you can start at another employer. Make sure that the data does not overlap .
I am supposed to take on other tasks than the regular staff I should represent. Is that right?
Employees who are hired as pregnancy workers usually expect them to take on the tasks that fall within the scope of the employee's maternity protection or parental leave.
If you suddenly have to take on completely different tasks, you may wonder if this justifies a fixed-term employment contract . Obviously, there are other tasks in the company that want to be processed.
This question regularly occupies the labor courts. The State Labor Court (LAG) Rhineland-Palatinate came to the conclusion in its judgment of 07.11.2012, 8 Sa 243/12, that the pregnancy representation could well be expected to take on other tasks .
What do I have to do if the time limit is not extended?
If it is foreseeable that the employee will return from parental leave on the agreed date, your fixed-term contract will most likely expire .
In this case, you must report to the Employment Agency for work seeking at least three months before the end date specified in the employment contract. This is important. If you let this period pass, you may face cuts in unemployment benefits.
At the same time, you should start looking for a new job as soon as possible .
If you enjoyed the company well and were able to complete the tasks very well, it is worthwhile talking to the supervisor or boss . Maybe he or she has a position in the company for you.
How should I specify the pregnancy representation in the CV?
If the time limit can not be extended, it means again for you: Write application . The question, of course, is how you formulate the pregnancy representation that the potentially new employer sees benefit in it.
Under no circumstances should you write that the employment contract ends on DD.MM.YYYY and you are therefore looking for a new job. No employer is delighted when you apply to him because you otherwise , the unemployment threatens .
Instead, you should promote the things you learned in the current position. Sell the time limit as an advantage for the new employer. This is what you do for example:
"In my current position, I work as a pregnancy substitute. The employee will return from parental leave on dd.mm.yyyy . With this I could start at your company on the DD.MM.JJJJ.
Ask also your current employer about you a report card issued .Fällt the testimony is positive, you can use it to score points with your new employer.
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