Labor Rights of Nursing: Shall a Pregnant Woman Who Has No Volition Working at Night Be “Incapable and Incompetent” ?
It is a mandatory that a pregnant woman is forbidden to work at night and there is no any possibility to avoid it by the freedom of the contract between employers and employees. In this article would a case be introduced, in which one of the nursing staff had no volition working at night, but was fired because of “incapability and incompetence” according to paragraph 11 section 5 Labor Standards Act. The legal issue would be the definition about the “incapability and incompetence” in the case and it would be discussed here. Furthermore, it would also be discussed whether a pregnant woman would be “incapable and incompetent,” if she has no volition working at night.