Dentistry assistant released: ÖGK reports her healthy - scandal in Neunkirchen!

Dentistry assistant released: ÖGK reports her healthy - scandal in Neunkirchen!

Neunkirchen, Österreich - On July 11, 2025, the case of a pregnant dentistry assistant from the district of Neunkirchen, Lower Austria, caused a sensation. Despite a valid sick leave, this was released without notice without it being informed. The Austrian Health Insurance Fund (ÖGK) presented the employee as healthy without clarifying this beforehand. This incident was made public by the Lower Austria Chamber of Lower Austria on Facebook.

The case raised considerable legal questions, especially since the ÖGK threatened to report healthy if certain documents were not submitted. These documents were submitted, but have apparently been lost. The ÖGK then reported the woman without informing her again about her health status. The AK represented the dentistry assistant in court, which finally led to the result that the release was inadmissible. Your workplace thus remains what AK working law expert Bianca Pfaffeder sees as an important step for the protection of pregnant workers.

protection against dismissal during pregnancy

according to the Chamber of Labor Short deadlines apply in the event of a timing. An immediate message from a union or the Chamber of Labor is recommended. In the event of a temporary employment relationship, the deadlines are inhibited until the beginning of the maternity protection period. A termination of such a relationship between pregnancy is considered gender discrimination and violates the equal treatment law. This means that a resolution can be contested within 14 days of the termination.

It is particularly important that there is no protection against dismissal during the trial period, but the notification of pregnancy is not mandatory. A termination during this time is inadmissible and can also be challenged within 14 days. Under certain conditions, dismissal can only take place with the consent of the Labor and Social Court (ASG), especially in the event of reasons defined in the Maternity Protection Act.

legal consequences in detail

According to the information from Austria.gv.at , late announcements can only be assessed as timely if they are obtained if they are obtained. Such a reason could be the ignorance of your own pregnancy at the time of termination. This applies to both oral and written announcements.

The legal requirements are clear: termination is only final if the consent of the court has been obtained beforehand. However, this consent is not necessary if the company is closed. For women who are pregnant or announce this after the termination, it is crucial to communicate all relevant information quickly and correctly in order to protect their rights.

This case is an urgent example of the challenges that pregnant women face at work. The protection that the law offers must be actively used to secure the rights of these women and prevent discrimination.