Objective nullity of the extinction of the contract in the probation period of the pregnant worker

Abstract

Abstract. After the reform of article 14 of the Workers’ Statute carried out by Royal De­cree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportu­nities between women and men in employment and the occupation, in relation to the nullity of the termination of the employment contract due to the withdrawal of the employer during the probationary period of the pregnant worker, is analyzed in this work the legislative and juris­prudential evolution in the matter, with special reference to the votes individuals issued at the time by the Magistrates who, judging from a gender perspective, departed from the majority decision of the decision adopted by the Supreme Court by Judgment of April 18, 2011 and of the Constitutional Court in Judgment of October 10, 2013 .