According to the case law of the Supreme Court, if a female employee enters into an agreement to terminate her employment contract during pregnancy, it is treated as an error entitling her to avoid the legal effects of her declaration of intent.

This is conditional upon the female employee being unaware of her pregnancy at the time of entering into such an agreement.

The female employee’s declaration should be submitted to her employer in writing. 

If a female employee withdraws from the legal effects of the declaration she submitted regarding the termination of her employment, the executed agreement is invalid and does not produce any legal effects.

The employment relationship between the parties thereby remains intact.

The employer’s consent to “invalidate” the agreement is unnecessary – this effect transpires by the power of law. 

If an employer refuses to recognize that the employment relationship between the parties remains intact, the female employee can file a lawsuit to establish the existence of this employment relationship.

The female employee may also insist on reinstatement along with pay for the duration of her readiness to work. 

Find more in the PRO HR October 2021