It is not permissible to dismiss a woman
- during her pregnancy,
- up to 4 months after a miscarriage after the 12th week of pregnancy and
- until the end of her protection period after giving birth,
- but at least until 4 months after the birth,
if, at the time of termination, you as the employer
- the pregnancy,
- the miscarriage after the 12th week of pregnancy or
- the delivery is known or
- if you are notified within 2 weeks of receiving the notice of termination.
The LAVG may exceptionally declare termination to be permissible in special cases that are not related to the condition of the woman during pregnancy, after a miscarriage after the 12th week of pregnancy or after childbirth.
See also benefits relating to special regulations on working hours:
In principle, it is prohibited to employ a pregnant or breastfeeding woman between 8:00 pm and 6:00 am. The Maternity Protection Act allows exceptions to this rule:
At your request as an employer, the LAVG can authorize employment between 8 p.m. and 10 p.m. if
- the woman expressly declares her willingness to do so,
- a medical certificate shows that there is no reason why the woman should not work until 22:00 and
- in particular, there is no irresponsible risk to the pregnant woman or her child from working alone.
Permission to work between 10 p.m. and 6 a.m:
In principle, it is prohibited to employ a pregnant or breastfeeding woman between 8:00 pm and 6:00 am. The LAVG may grant exceptions to the ban on night work between 10 p.m. and 6 a.m. in specially justified individual cases if
- the woman expressly declares her willingness to do so,
- a medical certificate shows that there are no objections to the employment and
- in particular, there is no irresponsible risk to the pregnant woman or her child from working alone.
This also applies to pregnant or breastfeeding pupils or students in the context of school or university education.
Exception to the ban on overtime:
As an employer, you may not employ a pregnant or breastfeeding woman who is 18 years of age or older to perform work that requires the woman to work more than 8.5 hours a day or more than 90 hours in a double week. You may not employ a pregnant or breastfeeding woman under the age of 18 for work that requires the woman to work more than 8 hours a day or more than 80 hours in a double week. Likewise, you may not employ a pregnant or breastfeeding woman to an extent that exceeds the contractually agreed weekly working hours on average for the month. The LAVG may grant exceptions to the ban on overtime in particularly justified individual cases if the woman expressly declares her willingness to do so and there is nothing to prevent her from working according to a medical certificate.
Exceptions to the ban on piecework and continuous flow work:
You may not allow a pregnant or breastfeeding woman to perform piecework or other work where a higher rate of pay can be achieved through an increased pace of work, as well as continuous flow work. The LAVG may grant exceptions to this if the type of work and the pace of work do not pose an irresponsible risk to the pregnant or breastfeeding woman or her child.