For example, the lawyer often sees that women receive good reviews from their employer until they announce that they are pregnant. „Then suddenly, complaints arise and you are no longer invested.“ Example Your maternity leave began 8 weeks before the day after the due date. But you give birth 3 weeks too early. Then the maternity leave lasts a total of 20 weeks: 5 weeks before and 15 weeks after your delivery. Does the termination of your contract have nothing to do with your pregnancy? Then, your contract ends on the end date specified in the contract. The fact that you are pregnant does not change that. Your contract lasts more than 6 months? Then, your employer must inform you in good time if they renew your contract. Otherwise, he must pay a cancellation fee. Employers continue to try to dismiss pregnant workers, especially if they have a fixed-term or flexible contract.
Contrary to what many people think, as a pregnant woman in such a situation, you are legally strong. And this is true even if you can`t prove in black and white that pregnancy was the reason for the exit or non-renewal. Five tips for pregnant workers. A declaration of pregnancy is a statement from your GP or midwife stating that you are pregnant and what date of delivery is. You keep this statement on file. Up to 1 year after the end date of the maternity allowance, we can apply for it if necessary for the control. 3. Contrary to what is often thought: Even with a fixed-term employment contract, there is a strong indication that the employment contract has not been renewed, the employer has recorded it in writing in the form of reflection. The reflection form stated, among other things, that the employee would be largely on maternity leave in the event of a further five-month contract extension. Many women don`t think it`s fanciful or think that their future boss appreciates their honesty. Don`t be so naïve! A recruiter should also not ask you if you are pregnant.
Not even indirectly. Employers often hide behind the legal grounds for dismissal. According to Bos, this does not mean that discrimination cannot be proven. „This can still be inferred from the chronology of a case and the behaviour of the employer.“ Their joint maternity leave lasts at least 16 weeks. The maternity allowance lasts together for as long as the holidays, including 16 weeks. In practice, this means that the pregnant woman is much better protected by a contract of indefinite duration than those with a fixed-term appointment, explains the labor lawyer. When your fixed-term contract expires, you`re often out of luck. „Most employers color themselves within the limits of the law.“ Is there a fixed-term employment clause in your contract? Then you can be fired if you can no longer do your job properly due to your pregnancy. For example, you have too much nausea. Or you can`t lift anymore. The company in which you work can then say that there is no more work for you.
The employment agency can then terminate your contract. 1. Hide in your application that you are pregnant What I personally find strange is that so few women legally engage in this discrimination. The reason, I suppose, is that they think they can`t prove discrimination. But judges take allegations of pregnancy-related discrimination very seriously. If the employer cannot make it very plausible that they are using you for another reason (e.B. Malfunction), the court will quickly rule in your favour as a pregnant woman and you will receive (substantial) compensation. Another reason there are so few complaints is, I think, because women are often too nice to play hard.
This is unfortunate, because pregnancy-related discrimination is a great injustice. What happened to the installation employee happens to many women every year with a flexible contract, a fixed-term contract, during the assignment or in a fixed-term job. This was again made clear a few months ago by a survey conducted by the Dutch Institute for Human Rights` Pregnancy Discrimination Hotline. The hotline estimates that every year, 65,000 women in the Netherlands are discriminated against during pregnancy. It is not for nothing that the Ministry of Social Affairs and Employment launched the Action Plan on Discrimination in Pregnancy in March last year. If you are or become pregnant in a fixed-term employment contract, collect as much material as possible that shows that your boss is happy with you or promises a contract extension. Feel free to record conversations with your boss about it, technically it`s very easy these days. While it is difficult to prove that you did not receive a contract extension due to your pregnancy, judges are particularly strict with employers in such cases. So if you can even get close to making it plausible, you`re already strong. Does 1 (or more) baby die before birth, but are you still pregnant? And is it even before the start of maternity leave? Then you can start maternity leave 10 to 8 weeks before the day after the due date. If you still decide to quit your job, you realize that it`s harder to find a good job if you haven`t worked in a while. Does your discharge have nothing to do with your pregnancy? Then the employer can fire you during the trial period.
Just make sure your trial period is valid. Therefore, five tips for pregnant employees who don`t want to sit idly by while they lose their jobs. Note: The number of days you are sick in the flexibilization phase before the start of your maternity leave counts for the calculation of your postnatal leave. The District Court ruled that the text of the reflection form is clear: the notice explicitly referred to the employee`s pregnancy. This can be seen as a direct difference in treatment to the letter. The Sub-District Court also ruled that a man could not be treated in this way. Once you have an employment contract, you are well protected as a pregnant woman. You can only be dismissed six weeks after your maternity leave. But there is one exception: your probationary period, which usually lasts one month. So don`t make the mistake of admitting that you`re pregnant on the first day of work. But even if you are fired during your probationary period, the employer must prove in a possible lawsuit that he did so because of malfunctions. In the period before the birth, you are entitled to maternity leave.
During this holiday, you will receive a maternity allowance. Maternity leave begins between 6 and 4 weeks before the day after the due date (flexibilisation period). No. Pregnancy should not be the reason for termination of the contract. When this happens, there is discrimination during pregnancy. Read more about it here: www.mensenrechten.nl/dossier/zwanger-en-werk. The Constitution also prohibits the distinction between men and women. This is reflected, inter alia, in the Civil Code and the Equal Treatment Act. The central government wants pregnant women to be treated equally in the labour market. That`s why it`s important for employers and employees to work together on good agreements about pregnancy and work. Further information can be found here: www.rijksoverheid.nl/onderwerpen/gelijke-behandeling-op-het-werk/zwangerschap-en-werk.
If your contract is not renewed, you can apply for unemployment benefit (WW) from the UWV. Are you pregnant and won`t your expiring contract be renewed due to your pregnancy? Then it may be advisable to seek legal advice. You can seek advice from your legal protection insurer, union or legal department. They can help and advise you. If you are receiving your leave because of your pregnancy, you can file this matter with the Human Rights College. You will then need to explain that your employer will treat you differently because of your pregnancy. The opinion of the committee shall normally be heard. However, it is not mandatory. If you give birth on the date of birth, you have had between 10 and 8 weeks of maternity leave. You will then have a total of exactly 20 weeks of maternity leave. If you suspect that you have been discriminated against because of your pregnancy, contact the Human Rights College. If they decide in your favor, you can`t legally enforce anything yet, but you are very strong in a possible lawsuit.
Often, the employer wants to settle scores with you in such a case and you will receive a few months` salary. Are you pregnant right now or do you suspect you are pregnant? Then read below what you need to organize (at work). You can decide for yourself when to tell them at work that you are pregnant. However, it is required by law to inform your employer at least 3 weeks before the start of your maternity leave. However, it is advisable to inform your employer earlier, as you will then be legally entitled to additional protection during your pregnancy and you will be able to settle various issues together in good consultation to prepare your holiday. .