Pregnancy or parental leave is a special and protected period. The legislator aims to prevent employees from unjustly losing their jobs during this phase of their lives. Therefore, strict dismissal prohibitions apply. Nevertheless, some employers still try to part ways with employees during this period.
In this article, we explain your rights, the exceptions that exist and what you can do if you are dismissed during your pregnancy or leave.
Dismissal prohibition during pregnancy
From the moment you are pregnant until the end of your maternity leave, a dismissal prohibition applies.
Your employer may not dismiss you during this period.
This prohibition applies both during a fixed-term contract and a permanent contract.
You are also protected during illness related to pregnancy or childbirth.
Dismissal for another reason (for example reorganisation) is in principle also prohibited if it is connected to your pregnancy.
Dismissal prohibition during parental leave
A termination prohibition also applies during parental leave.
Your employer may not terminate the employment contract during this period.
This applies to both men and women.
Only in very exceptional cases (for example bankruptcy) is dismissal possible.
Exceptions to the dismissal prohibition
The dismissal prohibition is strong but not absolute. Dismissal is possible:
In case of bankruptcy of the employer.
In case of summary dismissal for an urgent reason.
In case of an expiring fixed-term contract (if this is unrelated to pregnancy or leave).
Dismissal via settlement agreement (VSO)
Sometimes an employer offers a settlement agreement during pregnancy or leave. Pay close attention:
You are never obliged to sign.
A settlement agreement can affect your right to unemployment benefits or other allowances.
It is often better to wait until after the protected period to make arrangements.
Always have a settlement agreement legally reviewed in this situation.
Practical examples
Example 1: A pregnant employee was dismissed due to "reorganisation". The court annulled the dismissal because it was connected to her pregnancy.
Example 2: An employee received a dismissal proposal via settlement agreement during parental leave. After legal advice, she received a higher payment and retained her right to unemployment benefits.
Example 3: A fixed-term contract expired during pregnancy. The employer was not required to renew this contract, provided the reason was unrelated to the pregnancy.
Checklist for dismissal during pregnancy or parental leave
Check whether the dismissal prohibition applies to your situation.
Determine whether an exception applies.
Never sign a settlement agreement without careful consideration.
Check whether you are entitled to compensation or benefits.
Always consult an employment lawyer.
Common mistakes
Assuming that a fixed-term contract must always be renewed during pregnancy.
Signing a settlement agreement without legal advice.
Not realising that reorganisation-based dismissal is often prohibited during this period.
Failing to object 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 may not terminate the contract.
3. What if my fixed-term contract expires during my pregnancy?
Then it does not have to be renewed, but the reason may not be connected to your pregnancy.
4. Can I sign a settlement agreement during my leave?
Yes, but always have it legally reviewed.
5. Do I receive compensation for unjust dismissal during pregnancy?
Yes, you often have the right to reinstatement or (fair) compensation.
Why Arslan Advocaten?
Specialised in dismissal and pregnancy protection
Guiding employees in disputes during leave
Experienced in annulling unjust dismissals
Negotiating better arrangements in settlement agreements
Conclusion
During pregnancy and parental leave, you are strongly protected against dismissal. Only in exceptional cases can an employer proceed with termination. If you are nevertheless dismissed, this is often invalid and you can demand reinstatement or compensation.