Verdict: pregnant women may be terminated? in certain circumstances
Who is pregnant should not suffer disadvantages in professional life? and not lose his job. This regulates the maternity protection law in Germany. Exceptionally, however, termination may be permissible. This has now been decided by the European Court of Justice.
In their ruling of 22 February 2018, the judges ruled that a Spanish company was right. The company had dismissed an employee in 2013, even though she was pregnant. The background was a mass dismissal. And in this case, pregnant women are not excluded, the ECJ decided now.
Employer must name "factual reasons"
Important: The employer must inform the discharged pregnant woman of the reasons for the mass dismissal and the "factual criteria" according to which those colleagues who have been given notice of termination are selected.
Reasons for a mass dismissal may be "economic, technical or related to the organization or production of the company" causes. Termination whose main reason is the pregnancy of those affected remains inadmissible.
