Acting to nullify the dismissal of a pregnant woman

A woman employee is protected against dismissal from the day she submits her pregnancy certificate to the employer until 12 weeks after the birth.

During this period, employers are prohibited from notifying the employee of the termination of the employment relationship or, where applicable, summoning her to the preliminary interview. Any dismissal or notice to attend a preliminary interview served in violation of the above prohibition shall be null and void.

In the event of notification of termination/summons to the preliminary interview before submitting a medical certificate attesting to pregnancy, female employees may justify their condition by producing a medical certificate by registered letter and request the cancellation of her dismissal within a period of eight days from the receipt of her letter of dismissal.

At the same time, or in the event of the employer’s refusal, a pregnant employee who is faced with dismissal must, within 15 days of the termination of her employment contract/summons to the preliminary interview, petition the Chief Judge of the Labour Tribunal to declare the dismissal null and void with a view to ruling that she shall stay or be reinstated in the company.

An appeal may be lodged against this order before the presiding magistrate of the Court of Appeals within 40 days of its notification.

Can a pregnant woman get provisional unemployment after a layoff or wrongful termination?

Although a pregnant woman is protected against dismissal with notice, her contract may be terminated at the request of the employer if the employer considers that she has committed a serious offence.

However, the employer cannot send a letter of dismissal on his own initiative.

He must file an application with the Labour Tribunal, which then decides whether or not to terminate the contract.

In the event that the employer has laid her off pending the court’s decision, the woman concerned may be entitled to continued remuneration pending the court’s final decision upon application to the court within 15 days of notification of the layoff.

The same is true if the employee is dismissed in disregard of her protected status.

ATTENTION: The order of the Chief Judge of the Labour Tribunal may be appealed within 40 days of its notification to the Court of Appeal and not the presiding magistrate of the Court of Appeal.