Pregnancy After Agreeing to Resign or to Termination Does Not Protect Against Dismissal

Autor

Katarzyna Soboń

Contact us

Among employees, there is a belief that pregnancy protects against dismissal. This is not always the case.

Protection applies in two specific situations. The employer cannot terminate the employment contract with a pregnant employee.

If an employee becomes pregnant during the notice period (i.e. after the employer has issued a termination notice), the contract cannot be terminated. This also applies to a notice of changes to the contract.

However, if the employee has signed an agreement to terminate the contract (or has resigned), and then later becomes pregnant, she is not protected.

The situation is different if, at the time of signing the agreement (or resigning), the employee is pregnant but unaware of it.

This situation would mean that the employee was mistaken when making the decision. Therefore, they can withdraw from their declaration of intent. If they do so, the employer is obliged to reinstate them in their previous position.

However, there is nothing to prevent an employee who knows she is pregnant from resigning or signing an agreement to terminate the contract. If this happens, the employee will not have a valid claim to be reinstated to work.