In a decision rendered on October 11, the CJEC judged that an employer cannot prepare, during the period of protection of pregnant women, the dismissal they intended on notifying the employee as soon as she came back from her maternity leave. This decision to dismiss constitutes discrimination on the grounds of sex, which must be sanctioned at least as an employer's violation of the prohibition on dismissal of a pregnant woman during the period of protection. (Ref. 070843)
The Belgian legislation, transposing the directive 92/85/CEE on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, plans that an employer shall not end the employment relationship of a pregnant woman until the end of the period of protection, set up one month after the end of the postnatal leave. In this case, not only had the employer notified the dismissal three weeks after
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