Discriminatory termination

Case example:
Shortly before returning from her maternity leave, Elise receives the following information: the employment contract is to be terminated by mutual consent. Elise does not have to go back to work, but receives one more full month of pay. She was requested to sign a corresponding letter (termination agreement). At the same time she is notified that she will be terminated if she does not sign the letter.

This is what you can do in such a case:

1. Take the letter home with you and take your time to carefully read it. If you have questions you can seek advice.

2. If you are left with the impression that your employer wants to terminate the employment contract because of your motherhood, then this is discriminatory.

3. If you decide not to sign, then inform your employer of your decision.

4. If you are terminated, raise a written objection within the notice period..

5. If you and your employer do not come to an agreement, initiate an arbitration (How does this work?). From the end of the notice period you have 180 days to do so and can therefore demand up to six months of pay and/or damages from your employer (e.g. because of lower pay in a new job). The termination remains valid nonetheless.

Good to know:

> A termination due to motherhood up to the 16th week after birth is forbidden and invalid. The employment contract continues to exist.

> A termination due to motherhood after the 16th week is discriminatory: if your employer fears that your job performance or your presence will be affected by your new family obligations, this has nothing to do with the quality of your work, but with the fact that you have become a mother.

> If you sign a termination agreement, this can result in a reduction in unemployment insurance.

> If you defend yourself against discriminatory termination this cannot have a negative effect on your job reference.

If you are terminated because of motherhood, this is discriminatory (art. 3 GlG) – even after your maternity leave.