Application for authorisation for dismissal in accordance with the Maternity Protection Act

Dismissal by the employer is not permitted during pregnancy and up to four months after the birth. This also applies up to four months after a miscarriage after the twelfth week of pregnancy.

The employer must have been aware of the pregnancy, the miscarriage after the 12th week of pregnancy or the birth at the time of termination or must have been informed within two weeks of receipt of the notice of termination. Exceeding this deadline is harmless if it is due to a reason for which the woman is not responsible and the notification is made without delay.

In special cases, however, the competent authority (in Baden-Württemberg the regional councils) may, in accordance with Section 17 (2) of the Maternity Protection Act (MuSchG), declare the termination of the employment relationship of a woman who is subject to this special protection against dismissal to be permissible by way of exception. However, the reasons for the dismissal must not be related to the pregnancy, the miscarriage or the birth of the child. Special grounds for dismissal could be, for example

• that the company is insolvent or
• that the business is partially shut down or
• that you have committed a particularly serious breach of duty.

If you wish to dismiss an employee who is subject to special protection against dismissal in accordance with Section 17 (1) MuSchG, you must apply for this prior to the dismissal and provide the relevant evidence.

The competent authority will only grant you authorisation if a verifiable reason for dismissal can be proven.