Plague
Judgment strengthens special protection against pregnancy for pregnant women
Pregnant women must not be canceled. But what if the woman only experiences and complains about the pregnancy already existing at this time after being thrown out.
According to a judgment of the Federal Labor Court, pregnant women apply longer deadlines for dismissal protection lawsuits. Complaints were subsequently admissible on request if a woman only experienced blusiously of her pregnancy that was already in existence at the time of discharge, the second Senate of the Supreme Labor Court in Erfurt made it clear (2 AZR 156/24).
A court spokesman said that the medical determination of pregnancy is crucial for the start of the deadline for such late complaints. From this point on, pregnant women would have two weeks to go to the labor court.
With the Erfurt judgment, the termination of a specialist from ophthalmology was declared ineffective for violating the termination ban under the Maternity Protection Act. The two lower courts had also granted the dismissal protection lawsuit.
The employee from Saxony had been terminated at the end of June by letter of May 14, 2022. After a pregnancy test at the end of May 2022, however, she only received an appointment with the gynecologist for June 17, 2022. The plaintiff only gained positive knowledge of a reason that was not to be represented with the earliest possible gynecological examination that she was pregnant when the termination was accessed. The pregnancy test could not convey this knowledge to her.
dpa
Source: Stern
