Can my employer terminate my employment because I am pregnant?
February 1, 2023 | 40,00 EUR | answered by Bernhard Vollmann
Dear Employment Lawyer,
My name is Bernd Gerdes and I have been working as an office clerk in a medium-sized company for five years. Recently, I found out that I am pregnant and I am now concerned about whether my employer could potentially terminate my employment because I will be going on maternity leave in the near future.
My employment relationship has been smooth so far and I have always fulfilled my duties reliably. However, I am worried about the legal regulations regarding maternity leave and the rights of pregnant employees. I fear that my employer may see the pregnancy as a burden or even as a reason for termination.
Could you please explain to me whether my employer is allowed to terminate my employment due to my pregnancy and what legal steps I can take to protect myself and my unborn child? Are there any legal regulations that protect me from termination and what options do I have if my employer does indeed try to dismiss me?
Thank you in advance for your support and advice on this important matter.
Sincerely,
Bernd Gerdes
Dear Mr. Gerdes,
Thank you for your inquiry regarding your pregnancy and possible fears of termination by your employer. It is understandable that you are concerned and would like to understand the legal regulations regarding maternity protection and the rights of pregnant employees more closely.
In Germany, it is generally prohibited by law to terminate a pregnant woman solely because of her pregnancy. The Maternity Protection Act (MuSchG) as well as the General Equal Treatment Act (AGG) provide protection against discrimination based on pregnancy. This means that your employer cannot terminate you because of your pregnancy. If they still proceed with a termination that is related to your pregnancy, it would be considered a discriminatory termination and therefore an unlawful act.
It is important that you are aware of your rights as a pregnant employee and respond appropriately in case of a termination. If you suspect that you are being targeted for termination due to your pregnancy, I recommend seeking immediate assistance from a specialist lawyer in labor law. They can provide you with legal support and inform you about your options.
In the event of termination due to your pregnancy, you have the option to file a protection against dismissal lawsuit at the labor court within a period of three weeks after receiving the termination letter. The court will then examine whether the termination was lawful and whether you are entitled to compensation or reinstatement.
It is important that you are aware of your rights and take appropriate action in case of an unlawful termination. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Bernhard Vollmann
