Pregnancy or parental leave is a special and protected period. The legislator wants to prevent employees from unfairly losing their jobs during this phase of their lives. Therefore, there are strict prohibitions on dismissal. Yet some employers still try to dismiss employees during this period.
In this article, we explain what your rights are, what exceptions exist, and what you can do if you are dismissed during your pregnancy or leave.
Prohibition of dismissal during pregnancy
From the moment you are pregnant until the end of your maternity leave, a ban on dismissal applies.
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Your employer is not allowed to dismiss you during this period.
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This prohibition applies both during a temporary contract and a permanent contract.
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You are also protected during illness related to pregnancy or childbirth..
👉 Dismissal for another reason (e.g. reorganization) is in principle also prohibited if it is related to your pregnancy.
Prohibition of dismissal during parental leave
A dismissal prohibition also applies during parental leave.
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Your employer may not terminate the employment contract during this period.
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This applies to both men and women.
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Only in very exceptional cases (for example, bankruptcy) is dismissal possible.
Exceptions to the dismissal prohibition
The prohibition of dismissal is strong, but not absolute. Dismissal can occur:
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In the case of bankruptcy of the employer.
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In the case of instant dismissal due to urgent cause.
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In the case of an expiring temporary contract (which is not related to pregnancy or leave).
Dismissal through settlement agreement (VSO)
Sometimes an employer offers a VSO during pregnancy or leave. Be careful with this:
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You are never obliged to sign.
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A VSO can affect your entitlement to WW or other benefits.
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It is often better to make agreements after the protected period.
👉 Always have a VSO legally checked in this situation.
Examples from practice
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Example 1: A pregnant employee was dismissed due to “reorganization”. The judge annulled the dismissal because it was related to her pregnancy.
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Example 2: An employee received a dismissal proposal via VSO during parental leave. After legal advice, she received a higher compensation and maintained her WW-rights.
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Example 3: A temporary contract expired during pregnancy. The employer did not have to renew this contract, provided that the reason was not related to the pregnancy.
Checklist for dismissal during pregnancy or parental leave
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📑 Check whether the dismissal prohibition applies in your situation.
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⚖️ Check if an exception applies.
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📝 Never sign a VSO just like that.
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💶 Check if you are entitled to compensation or benefits.
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📞 Always consult a labor law attorney.
Common mistakes
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Thinking that a temporary contract always has to be extended during pregnancy.
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Signing a VSO without legal advice.
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Not realizing that dismissal due to reorganization is often prohibited during this period.
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Not objecting to unjust dismissal.
Frequently Asked Questions (FAQ)
1. Can my employer dismiss me because I am pregnant?
No, this is prohibited.
2. Does the dismissal prohibition also apply during parental leave?
Yes, your employer cannot terminate the contract.
3. What happens if my temporary contract expires during my pregnancy?
Then it does not have to be renewed, but the reason must not be related to your pregnancy.
4. Can I sign a VSO myself during my leave?
Yes, but always have it legally checked.
5. Am I eligible for a compensation if I am unjustly dismissed during pregnancy?
Yes, you often have the right to service recovery or a (reasonable) compensation.
Why Arslan Lawyers?
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Specialized in dismissal and pregnancy protection
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Guiding employees in conflicts during leave
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Experienced in nullifying unfair dismissals
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Negotiating for better arrangements in VSOs
Conclusion
During pregnancy and parental leave you are strongly protected against dismissal. Only in exceptional cases can an employer still proceed to termination. If you do get dismissed, this is often invalid and you can enforce recovery or compensation.
