Dismissal during pregnancy in the Netherlands
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Detailed explanation, checklist and sources
Pregnant and told your job will end? Dutch law generally protects you against dismissal during pregnancy. A fixed-term contract can still expire, but pregnancy must not be the reason for refusing renewal. First establish how and why your employment is ending.
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1. Identify the employer’s proposal
Distinguish early dismissal, expiry of a fixed-term contract and an agreement to leave. Write down the contract end date, leave dates and the date you received the employer’s message. Ask for the reason in writing. You do not have to sign a proposed termination agreement immediately.
2. Check protection and exceptions
Protection covers pregnancy, pregnancy and maternity leave and the first six weeks after maternity leave. It also covers incapacity caused by pregnancy or childbirth and the first six weeks afterwards. Exceptions exist, such as summary dismissal for an urgent reason. A fixed-term contract need not be renewed, but refusing renewal because of pregnancy is prohibited. Pregnancy cannot be the reason for dismissal during a valid probation period either. Pregnancy must not be the reason to reduce hours, impose a different role, replace permanent employment with a fixed term or shorten a fixed term. Promotion and return after leave must not rely on assumptions about motherhood. You return to your old role; if the employer gives another reason for a change, request specific supporting evidence. Compare earlier appraisals, promotion discussions and chronology. This is not an automatic right to every promotion or renewal, but pregnancy must not determine the choice.
Rijksoverheid · Zwangerschap en ontslag ↗
College voor de Rechten van de Mens · Zwangerschap en proeftijd ↗
3. Keep evidence and act in time
Keep your contract, appraisals and relevant messages and make a timeline. A two-month court deadline can apply to challenging dismissal; get the correct procedure and deadline checked promptly. An email to the employer or a chat question does not suspend a court deadline.
Does non-renewal always mean discrimination?
No. A fixed-term contract may expire as agreed. The reason matters: pregnancy must not influence that decision. Compare the explanation with earlier appraisals and messages. Timing alone does not establish the reason.
Documents to prepare
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Contract, end date and probation clause
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- Contract, end date and probation clause
- Leave dates and date pregnancy was reported
- Employer’s message and stated reason
- Appraisals and a short timeline
Request written reasons for the end of your contract
Record your employer's notice and the relevant facts. This draft requests an explanation; it is not a court petition and does not undo an agreement you already signed.
Already dismissed? Have the procedure and final date checked immediately: a two-month court deadline may apply. Do not wait for a reply to this letter. Pregnancy does not automatically prove discrimination.
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Draft letter to your employer Subject: Request written reasons for the end of your contract [Employer and address] Dear Sir or Madam, On [Date of the notice or final statement], you informed me about ending or not continuing my employment contract. The end date you stated is [Stated contract end date]. My relevant facts and documents are: [Facts and documents supporting your request]. Please explain in writing which form of termination is involved, your reasons and the facts and agreements you rely on. Please also explain whether and how my pregnancy was considered in this decision. Please reply by [Requested date for a written reply]. This request does not mean that I consent to termination or waive rights. If necessary, I will have my legal position and applicable deadlines assessed separately. Yours faithfully, [Your name] Complete the missing fields in square brackets. Your chosen reply date is not a statutory deadline. Already dismissed? Have the procedure and final date checked immediately: a two-month court deadline may apply. Do not wait for a reply to this letter. Pregnancy does not automatically prove discrimination.
Sources
Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Rijksoverheid · Zwangerschap en ontslag ↗College voor de Rechten van de Mens · Zwangerschap en proeftijd ↗Rechtspraak · Termijnen en procedure ↗Rijksoverheid — zwangerschap en wijziging contract ↗Rijksoverheid — promotie/terugkeer en discriminatie ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.