Why you may not dismiss a pregnant employee
Article 40 of the Labour Act prohibits the employer from any act aimed at ending the contract unilaterally, from the moment it is aware of the pregnancy until 1 month after the end of postnatal leave. A dismissal that follows after that period but was prepared or decided during it counts as a dismissal during the protection.
Exceptions
Dismissal remains possible for a reason unrelated to the physical condition resulting from pregnancy or childbirth, for example serious cause or an economic reason unconnected to her. You must prove that reason, and the employee can ask you to communicate it in writing.
What is the risk?
If you cannot show a reason unrelated to the pregnancy, you pay a flat-rate compensation of 6 months' gross pay, on top of the normal notice or compensation in lieu of notice.
What to do
Take no dismissal decision and make no preparations while the protection runs, unless you have a reason unrelated to the pregnancy that you can prove with documents. Record that reason in writing.
Are you considering a dismissal and want to know first whether the employee is protected?
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .