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Dismissal during pregnancy

 

Can I be fired while I am pregnant in the Netherlands?

In the Netherlands, there are special rules for pregnant employees, including rules regarding termination during pregnancy. It is important for pregnant employees and their employers to be aware of these special rules. Below you will find an overview of the most important legal rules that apply during pregnancy, with a focus on protection against termination during pregnancy.

Termination ( dismissal ) during pregnancy in the Netherlands

Pregnant employees have extra protection against termination. If an employer wishes to terminate the employment relationship during pregnancy, they will have little opportunity to do so due to the prohibition on termination that applies. Article 7:670 paragraph 2 of the Dutch Civil Code (Burgerlijk Wetboek) states the following:

The employer cannot terminate the employment contract with a female employee during pregnancy. The employer may require a statement from a doctor or midwife to confirm the pregnancy. Furthermore, the employer cannot terminate the employment contract of the female employee during the period in which she is entitled to maternity leave as defined in Article 3:1, third paragraph, of the Work and Care Act, and after her return to work, during the period of six weeks following that maternity leave, or immediately following a period of incapacity for work caused by the pregnancy or childbirth that follows that maternity leave.

The employer cannot terminate the employment contract from the first day of pregnancy until six weeks after the employee's return to work.

The prohibition on termination does not apply in the case of a company closure. If the department where the pregnant employee works is closed down, the prohibition on termination does not apply, but it does apply during pregnancy and maternity leave. Also, if there is a compelling reason that justifies immediate termination, the prohibition on termination during pregnancy does not apply. In the case of bankruptcy, the curator is not bound by the prohibition on termination and can terminate the employment of the pregnant employee.

Not renewing a fixed-term contract during pregnancy

If there is a fixed-term employment contract, it may expire during pregnancy. Note: the pregnant employee can challenge the non-renewal of the contract if the employer cannot prove that the non-renewal is for reasons other than the employee's pregnancy. In such cases, the pregnant employee may even be entitled to a fair compensation. The same applies to termination during the probationary period.

In summary, termination during pregnancy is almost never possible! If you are a pregnant employee facing termination, contact our termination specialists immediately!

 Termination dismissal during pregnancy

Burnout during pregnancy

If you are pregnant, there is a lot to handle. Sometimes it becomes too much, and you may experience burnout. Learn more about burnout and dismissal on our webpage: burnout dismissal

Settlement agreement during pregnancy

In some cases, an employer may offer to terminate the employment contract through a settlement agreement. As a pregnant employee, you are not obligated to accept this offer. If you are interested in a termination arrangement with unemployment benefits and a severance package, contact our specialists. We can review the offer for you and negotiate with your employer for a favorable severance package and other conditions.

In conclusion, there are many special rules that apply to pregnant and recently delivered employees. Termination during pregnancy is almost never possible, and pregnant employees are entitled to 100% salary continuation.

Termination arrangements during pregnancy, we can help you secure the best deal

The general rule is that in most cases, you cannot be terminated during pregnancy. However, if you are willing to leave your job under favorable termination conditions, we can assist you. We are experienced negotiators and will work to secure the best arrangement for you, including an optimal severance package.

Seek assistance from our dismissal specialists

If you are facing termination during pregnancy, contact us immediately. We can help prevent your termination or negotiate a better termination arrangement for you (e.g., ending the employment contract after maternity leave and/or a higher severance package).
Call for legal assistance at 0900-123 73 24 or email us.

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