Latvian Radio reports on weak employment rights of new mothers

Latvian Radio's 'Atvērtie faili' (Open files) investigative show this week drew attention to a disturbing phenomenon afecting new mothers who are returning from maternity leave to find that they no longer have jobs.

In many cases this would represent a clear contravention of employment law, but in most cases the young mothers have neither the time nor the money to fight or their rights, the show reported. 

The Office of the Ombudsman, Latvia's rights watchdog, is currently collecting research data on how the rights of parents of young children are ensured or otherwise in Latvia. "Fathers return more than mothers," admits Anete Ilves, head of the office's discrimination prevention department.

According to the data, 32% of 720 women surveyed so far did not return to their workplace after childcare leave. Every tenth one of them admitted that they were forced to sign an agreement on termination of employment.

If that is a prepresentative picture, then the implications are serious. Currently, 12,930 women receive maternity allowance. This would mean that 4,137 will not return to work, but 414 women will be forced to sign an agreement on termination of employment.

According to Ilves: "Coming back after childcare leave is also very stressful and then you have to evaluate the areas where you can avoid stress and simply cut it out of your life," she explains. 

But that's not all – in the study, under the answer "another option" there are also women whose workplace or the company itself was liquidated during her leave of absence, so there are likely even more young mothers left without a job than the figures suggest.

Ilves invites new mothers to first try to solve the situation themselves and talk to the employer. Then they can turn to a lawyer, the Office of the Ombudsman, the State Labor Inspectorate (VDI) or the courts.

Latvian Radio spoke with several young mothers who told their stories, and also with their employers, who in some cases disputed the facts as presented by the young mothers or said they did not give the full picture of employee relations.

Even if an appeal against dismissal or redundancy is launched, the process can be complex, lengthy and stressful.

While the VDI can investigate cases, it has no right to reinstate someone. The institution can evaluate the evidence and, if it detects a violation, it can warn the employer, impose a fine, or require it to eliminate the detected violations by written order. The employer can contest the decision of the inspection.

Last year, in connection with returning to work after childcare leave, the VDI provided 497 consultations, and this year already 363.

However, the number of submissions received by the institution regarding potential violations of new mothers' rights is significantly lower – up to five per year. Last year, out of four submissions, the VDI decided to apply an administrative penalty to the employer – a warning with no fine – in only one case.

Often, new mothers drop out of the labor market altogether.

"It's simply a punishment for being a mother. In principle, more broadly speaking, a punishment for parenting," said Marita Zitmane, associate professor at the University of Latvia and a researcher in gender issues.

Research shows that after having a child, it is precisely women's incomes that fall, while men's incomes actually increase.

"So a good employee is someone who is available 24/7 and will work 24/7, so who falls into that gap? Of course it's mothers!" says Zitmane.

How big is this gap in Latvia? This is helped by the data collected by the Central Statistical Office on gender equality. So, for example, women receive an allowance for caring for a sick child twice as often as men. Every tenth woman in Latvia is employed part-time, while half as many men work part-time.

"It is extremely complex to solve, both with a change of opinions and the promotion of greater involvement of men," explains Zitmane. In her opinion, there is a lack of political will to solve gender equality issues.

It can be concluded that as things stand there are only two realistic options for women whose jobs have not been preserved after child care leave – to sue or settle with the former employer.

 

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