Termination during probationary period
Case example:
Emma becomes pregnant during the three-month probationary period. The company terminates her at the end of the probationary period. The pregnancy is given as the reason: it was not considered reasonable to expect a pregnant woman to travel.
This is what you can do in such a case:
1.If the reason for termination is your pregnancy, you can raise a written objection with your employer within the notice period (seven days).
2. After the end of the employment contract you have 180 days’ time to initiate an arbitration (How does this work?) and therefore demand compensation of up to six months of pay (art. 5 section 2 and section 4 GlG).
Good to know:
> A pregnancy does not have to be disclosed during the probationary period.
> In general, the following is recommended: Before informing your employer about your pregnancy during the probationary period, seek a discussion on how your work is being perceived. Have another person listen to your discussion. Or write an e-mail so that you receive a written answer. This allows you to prove that a possible later termination can have nothing to do with the standard of your work.
A termination due to pregnancy is discriminatory (art. 3 GlG), even during the probationary period.
Präsidialdepartement des Kantons Basel-Stadt
Abteilung Gleichstellung und Diversität
Fachstelle Gleichstellung
Marktplatz 30a
4001 Basel
T +41 61 267 66 81
gleichstellung.bs.ch
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Non-employment due to pregnancy
Termination during probationary period
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"Request for arbitration" form
"Objection to termination" form
"Maternity agreement" form
Cantonal brochure on the Gender Equality Act
Swiss brochure on the topic of motherhood
Paternity leave fact sheet
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