Can my employer dismiss me whilst I am pregnant?

No, your employer cannot dismiss you because of your pregnancy. This is prohibited by law in the Netherlands. The ban on dismissal during pregnancy protects you from the moment you become pregnant until six weeks after your maternity leave.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

The Netherlands has a clear rule: your employer is not allowed to dismiss you because you are pregnant. This is set out in Article 7:670 of the Dutch Civil Code (check this article on wetten.nl for the most up-to-date version). This is known as the prohibition on dismissal during pregnancy.

The prohibition on dismissal applies from the moment you become pregnant. It does not matter whether your employer knows you are pregnant or not. As long as you were demonstrably pregnant at the time of dismissal, the dismissal is, in principle, voidable. This means that, legally speaking, the dismissal does not count.

It protects you during:

Your entire pregnancy
Your maternity and childbirth leave
The six weeks following your maternity leave

The Equal Treatment of Men and Women Act also plays a role here. Dismissal on the grounds of pregnancy is, in fact, a form of prohibited discrimination on the basis of gender. See the Equal Treatment of Men and Women Act for the exact provision.

Please note: the ban on dismissal does not apply if you resign yourself, or if the court terminates the employment contract for a reason unrelated to your pregnancy. However, the court will examine this very critically. If there is even a suspicion that the pregnancy is a factor, the court will rule against the employer.

Your employer is also not allowed to disadvantage you in other ways during your pregnancy. Examples include: not giving you a promotion, reducing your hours or writing a negative performance review because of your pregnancy. That is also prohibited.

When does this apply to you?

The ban on dismissal applies to almost all employees in the Netherlands. Whether you have a permanent contract, a fixed-term contract or an on-call contract — the protection applies.

Do you have a temporary contract? Then your employer is not allowed to renew the contract because of your pregnancy. If an employer does not renew a temporary contract whilst colleagues with similar contracts are renewed, this may constitute discrimination. You do not have to prove this — the employer must demonstrate that the pregnancy played no part.

A few practical examples:

Your employer terminates your contract during your pregnancy: In principle, this is prohibited unless there is an urgent reason unrelated to the pregnancy.
Your employer asks you to resign: Do not do this without legal advice. You do not have to accept this.
Your employer dismisses you just before you announce your pregnancy: If you were already pregnant at that point, you are still protected.
You are unwell due to your pregnancy: Sick leave related to pregnancy does not count as ordinary sick leave for your employer.

It is wise to notify your employer of your pregnancy in writing as soon as possible. This provides clear proof of the date of notification. However, even if you have not done so, you are still protected. With a doctor’s certificate or ultrasound report, you can prove that you were already pregnant.

Are you self-employed? Then different rules apply. As a self-employed person, you do not have employment law protection under the Civil Code, but you may be entitled to benefits from the UWV. Visit uwv.nl for more information on this.

Step-by-step guide — what can you do now?

Stay calm and do not react impulsively. Do not sign any resignation papers and do not make hasty decisions.
Put everything in writing. Send an email to your employer setting out what was said verbally. This will serve as evidence.
Gather evidence of your pregnancy. This could include an ultrasound report, a doctor’s certificate or a pregnancy test with a date. This will demonstrate that you were pregnant at the time of your dismissal.
Notify your employer of your pregnancy officially in writing. If you haven’t already done so, do so via email or letter.
Revoke the dismissal in writing. Send a letter or email to your employer stating: “I am revoking the dismissal because I am pregnant and am entitled to protection against dismissal.” You must do this within two months of the dismissal.
Contact a solicitor or trade union. They can help you with the correct steps and letters. Many trade unions offer free legal assistance to members.
If necessary, submit a request to the court. If your employer does not cooperate, the court can overturn the dismissal or award compensation.

Common mistakes

Resigning under pressure. Some employers put pressure on you to resign. If you do so, you lose your protection and possibly your right to unemployment benefit.
Waiting too long to respond. You only have two months to contest the dismissal in writing. If you wait longer, you will lose this right.
Failing to put anything in writing. Verbal agreements are difficult to prove. Always write down what has been discussed and send this as confirmation by email.
Thinking that a temporary contract offers no protection. You are protected even with a temporary contract. Your employer is not allowed to refuse to renew the contract because of your pregnancy.
Forgetting to keep proof of pregnancy. Keep your ultrasound scans, doctor’s certificates and other medical documents safe. These are crucial in the event of a legal case.

Frequently asked questions

Do I need to report my pregnancy before I am protected?

No. You are protected as soon as you are pregnant, even if you have not yet reported the pregnancy. However, you must be able to prove afterwards that you were already pregnant at the time of your dismissal. Do this with a doctor’s certificate or ultrasound report.

What if my employer says the dismissal has nothing to do with my pregnancy?

The burden of proof lies with the employer. You do not have to prove that the pregnancy was the reason. Your employer must demonstrate that there was another, valid reason. Judges are strict on this point.

How long am I protected after giving birth?

You are protected during your maternity leave and for a further six weeks afterwards. After that, the special ban on dismissal expires, but the normal dismissal rules still apply.

Can my employer dismiss me if the company is reorganising?

The ban on dismissal also applies during your pregnancy in the event of a reorganisation. In principle, your employer cannot dismiss you whilst you are pregnant, even if there are business reasons. The court will always assess whether the pregnancy played a role.

What if I was dismissed during my probationary period whilst I was pregnant?

Dismissal during the probationary period on the grounds of pregnancy is prohibited. Even during the probationary period, pregnancy may not be a reason for dismissal. This is a common misconception. In this case, contact a lawyer immediately.

Relevant legal provisions

Section 7:670 of the Dutch Civil Code — prohibition on termination during pregnancy and the postnatal period
Section 7:646 of the Dutch Civil Code — prohibition on discrimination on the grounds of sex in terms and conditions of employment
Equal Treatment of Men and Women Act — prohibition on unequal treatment in the event of dismissal

Can my employer fire me during my pregnancy | Claim.Cafe