Termination of pregnancy
Dismissal during pregnancy – your protection against dismissal under the Maternity Protection Act
Pregnant employees enjoy some of the strongest protection against dismissal under German employment law. Under Section 17 of the Maternity Protection Act (MuSchG), dismissal during pregnancy and up to four months after childbirth is generally prohibited. Dismissal during this period is only possible in rare exceptional cases with the approval of the relevant authorities. Our specialist employment lawyers in Augsburg will ensure your protection against dismissal is upheld.
The prohibition on dismissal under section 17 of the Maternity Protection Act
The Maternity Protection Act prohibits employers from dismissing a pregnant employee during three specific periods: throughout the pregnancy; for a period of four months following a miscarriage after the twelfth week of pregnancy; and until the end of the protection period following childbirth – but for a minimum of four months after childbirth. The prohibition applies to all types of dismissal: ordinary, extraordinary, summary and dismissal with a change of contract.
The prerequisite is that the employer is aware of the pregnancy at the time of dismissal or is notified of the pregnancy within two weeks of receiving notice of dismissal. This two-week period may be exceeded in the event of a delay through no fault of the employee (e.g. if the pregnancy itself was not yet known) – notification must then be given immediately upon becoming aware of it.
The ban on dismissal applies regardless of the size of the business and without a waiting period. It also protects female employees in small businesses with fewer than ten staff and those on probation. Female employees in Augsburg should therefore inform their employer of the pregnancy as early as possible – but at the latest immediately upon receiving a notice of dismissal.
The only exception: official approval
Dismissal during pregnancy is possible in exceptional circumstances if the relevant regional authority (in Bavaria, the Trade Supervisory Office) deems the dismissal to be permissible. Consent is only granted if the reason for dismissal is not related to the pregnancy and there are exceptional circumstances – such as the closure of the business with no possibility of transfer, serious criminal offences committed by the employee, or a gross breach of trust.
In practice, official approval is granted extremely rarely. The employer must submit the application in writing and provide detailed grounds. The employee is heard during the proceedings and may submit comments. If the employer terminates the employment contract without the required approval, the termination is invalid – without exception. At our Augsburg law firm, we regularly see cases where employers do not even apply for approval in the first place, or where the application is rejected.
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How to respond: What you should do after being made redundant
If you are made redundant whilst pregnant, it is crucial to act quickly. Even though the ban on dismissal offers strong protection, you must take proactive steps.
Let us know immediately if you are pregnant
Notify your employer of your pregnancy in writing without delay – preferably by registered post or with proof of delivery. The two-week period under Section 17(1) of the Maternity Protection Act (MuSchG) begins upon receipt of the notice of termination. If you were not yet aware of the pregnancy yourself, it is sufficient to notify them immediately upon becoming aware of it. A medical certificate as proof is recommended, even if it is not strictly required.
An action for unfair dismissal as a safeguard
Even if the dismissal appears to be invalid on the grounds of maternity protection, we recommend that, to be on the safe side, you bring an action for unfair dismissal before the Augsburg Labour Court within the three-week time limit (Section 4 of the German Employment Protection Act). Although the time limit is suspended if you notify your employer of your pregnancy after it has expired, bringing an action in good time avoids any risk. Our specialist solicitors will handle this for you.
Special circumstances regarding protection against dismissal during pregnancy
Protection against dismissal during pregnancy raises additional questions in certain circumstances that may be relevant to female employees in Augsburg.
Dismissal during the probationary period and in small businesses
The prohibition on dismissal under Section 17 of the Maternity Protection Act (MuSchG) also applies during the probationary period and in small businesses with fewer than ten employees. Unlike the general protection against dismissal under the Employment Protection Act (KSchG), there is no waiting period and no threshold regarding the size of the business. Even if the employer would normally be permitted to dismiss an employee during the probationary period, dismissal is not permitted as soon as the employer becomes aware of the pregnancy.
Termination agreement and pregnancy
The prohibition on dismissal does not protect against a termination agreement – this is based on mutual consent. However, a termination agreement may be voidable under certain circumstances: if the employee was unaware of her pregnancy at the time of signing (voidability on the grounds of mistake under Section 119(2) of the German Civil Code) or if she was pressured into signing under unfair pressure. If you are pregnant and living in Augsburg, do not sign a termination agreement without first having it reviewed by a solicitor.
Frequently asked questions about dismissal during pregnancy
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This information does not constitute legal advice in individual cases.
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