Breaking News: Pregnant Employees’ Protection Against Dismissal Case Clarified
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Unmatched Protection for Pregnant Employees
In a landmark decision, the Court of Cassation has swinging the scales on the delicate issue of pregnant employees’ dismissal. The ruling offers crucial protection, yet also acknowledges rare instances where this safeguard can be lifted due to unforeseen circumstances.
Boundaries: What You Need to Know
The labor code clearly states that pregnant employees enjoy absolute protection from dismissal. However, an employer may invoke reasons of fault or impossibility to void the employment contract, provided these reasons are unrelated to the pregnancy itself and due to independent circumstances.
A Case Study with Far-Reaching Implications
A recent Court of Cassation case from May 27, 2025, sheds light on these complexities. The case involved an employer facing severe psychosocial risks and stress in the workplace due to an employee’s irregular behaviors. Despite attempts at reallocation, the employee’s refusal to cooperate pushed the employer into a dire situation.
Evergreen Guidelines for Pregnant Employees
Employees must submit a medical certificate stating their pregnant state to their employer within 15 days of dismissal notice. This ensures the protection is, in fact, applicable and correctly implemented.
Expert Insights on Balancing Act
“The court has set a high bar for employers, emphasizing context-specific challenges that may affect pregnancy-related dismissal,” says social law expert Axel Wantz. Employers must now meticulously document and justify impossibility in extreme cases, ensuring the protection of both employees and staff well-being.”
For specialized reading, explore Editions Tissot’s comprehensive “Occupational Safety and Health Act” guide.
