Pregnant on probation
If you have just started a new job, the employer will have agreed with you on a probationary period of several weeks. If you discover during the probationary period that you are pregnant, you do not have to worry that the employer may terminate your employment as a result. If he terminates you, you can successfully defend yourself against this in court.
What you need:
- medical certificate of pregnancy
Pregnant women enjoy special protection in employment
- If you, as a newly hired employee, became pregnant during the probationary period, you will be protected Clause 9 of the Maternity Protection Act (MuSchG) "during pregnancy and up to four months after delivery" before a termination by the boss.
- Tell your employer about the pregnancy as soon as you find out that you are expecting a child.
- The employer may no longer give notice of termination as soon as you have told him, ideally through Submission of a gynecological certificate or a copy of the maternity record that a pregnancy is present.
- If your boss had already given notice of termination within the probationary period, this is ineffective if you give him a notice prove that you are pregnant within two weeks of receipt of the letter of termination or the verbal notice of termination are.
- If you have not been able to meet this two-week period for reasons for which you are not responsible, it is sufficient if you then give notice of the pregnancy immediately (i.e. H. without undue hesitation).
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Termination by employer in probationary period
- If the employer wants to terminate the employment relationship despite the fact that you became pregnant during the probationary period, a declaration of termination is not sufficient. In this case, your boss must submit a reasoned application to the state authority responsible for occupational safety. He may only terminate your contract with their approval.
- In such a case, the reasons for the termination must be different from those of your pregnancy.
- If he has given notice without the appropriate approval, you can file a dismissal protection suit with the labor court responsible for you.
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