Tijdelijk Contract Niet Verlengd Zwangerschap

“At the moment, the employee is not quite at work yet. Employees show positive steps. However, this means that the employee may not yet be fully at work if a contract extension were to take place. That extension of contract would then be 5 months, of which [the applicant`s first name] constitutes a large part of her maternity leave. It is partly for this reason that the organization has decided not to renew the contract earlier than the law allows” Sometimes you will receive compensation for unpaid wages or sickness benefits. The dismissal then generally continues. If you give birth after the due date, your maternity leave will be extended by the number of days you give birth later. We will add the days you give birth later than the expected date of delivery to your maternity leave. In total, your joint maternity leave lasts more than 20 weeks. Are you pregnant or suspect you are pregnant? Then read below what you need to organize (at work). You can decide for yourself if you 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 arrange various questions together in good consultation to prepare your holiday. Many women choose to tell their employer that they are pregnant after about 3 months. Then there will also be enough time to arrange replacements for the duration of your holiday. On this page you will also find more information about what you need to organize in case of pregnancy. We consider a period of 1 year ending on the last day of the penultimate full month or the penultimate full period of 4 weeks before the first day of your holiday (reference period). So there is always 1 full month or 4 weeks that do not count. Neither. If the employer terminates the contract during the trial period due to pregnancy, this is not allowed. 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 your job.

But even if you are fired during your probationary period, the employer must prove in a possible lawsuit that he did so because of a malfunction. “During my two pregnancies, I worked for an employment agency. Both times, my contract was not renewed. For the first time since I was born, I was even able to return to the company I was working for through the employment agency. This made me realize that the fact that my contract was not renewed was due to my pregnancy and not because I had not done my job well, for example. Women are increasingly turning to the agency as it is often the only way to file a complaint if you have a fixed-term contract that is not renewed. The law regulates the right to equal treatment between men and women. The employer is prohibited from making a distinction. The report clearly refers to the employee`s pregnancy. The Sub-District Court ruled that this could immediately be regarded as a direct difference in treatment. In addition, the court ordered the payment of an equitable remuneration of € 10,830.40 gross to the employee. Damages were dismissed.

Are you pregnant with twins or multiple births? Then you are entitled to at least 20 weeks of maternity leave. You determine the first day of your maternity leave between 10 and 8 weeks before the day after the due date. This period is called the flexibilization period. After the birth, you are entitled to at least 10 weeks of maternity leave. Do you decide to continue working during the flexibilization phase? Next, we`ll add the days you continue to work to your maternity leave. Your contract shouldn`t stop because you`re pregnant. Do you think your employer is firing you because of your pregnancy? Please contact us. You have a job and are pregnant or have recently given birth.

Can your employer fire you? As a general rule, dismissal is not allowed in the following situations: Please 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 maternity leave after birth. For example, the lawyer often sees that women receive good reviews from their employer until they announce that they are pregnant. “Then suddenly, complaints appear and you are no longer invested.” The employee considers that by deciding not to renew the employment contract, the employer has made a prohibited distinction on the basis of sex. If the employer denies that a prohibited distinction has been made, the employee brings an action in the Sub-District Court and demands appropriate compensation and compensation. During the proceedings, the employee claims that her pregnancy is not used to renew the contract, while the employer claims that the employee is not functioning properly. According to the employer, this is the reason for the non-renewal of the employment contract. If the employee were to extend the employment contract, this could be done for a maximum of 5 months, of which the employee is on leave for four months. The employee then has only 4 weeks to reintegrate. The Sub-District Court interprets the employer`s position in such a way that it considers that this period is too short to be successful. If the employee had not been pregnant or a man, the employer would have extended the contract so that the employee would have the opportunity to improve his or her performance.

Since November 1, 2017, the employee has been working for a fixed period in a company in the care sector as an outpatient supervisor. On 1 May 2018, the employment contract was extended for a period of 12 months until 1 May 2019. In September 2018, the employee learned that she was pregnant. On October 1, 2018, she called sick. On January 18, 2019, the employer informs the employee that he will not renew the fixed-term contract coming to an end. The Jan. 18, 2019 reflection form contains the following: Employers shouldn`t think too lightly about discrimination, Bos says. “That`s also why we`re drawing a lot of attention to this topic. Rights and obligations must be adequately addressed for both women and employers. Temporary employment agencies and mediation agencies have their own responsibility not to violate equal treatment legislation.

This means, among other things, that if there are indications of (possible) unequal treatment on the part of the tenant or the customer, the latter must investigate the matter. They must also hold tenants or customers accountable if they are guilty of discrimination. Every year, nearly 65,000 women are discriminated against because of pregnancy. Some even lose their jobs because of it! And this at a time when financial security is so important. We only know how long your maternity leave lasts after birth. If you are pregnant with twins or multiple births, the day you give birth to your youngest child is the actual date of delivery. .

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