Redundancy and pregnancy dismissal protection in Eindhoven explained

Does dismissal protection apply during pregnancy in a reorganisation? Yes. Are you pregnant and does your employer belong to a company that is reorganising? If so, you are on firm legal ground. In most cases, the law expressly protects you against dismissal, even when the economic pressure on the business is significant. Nevertheless, there are nuances and exceptions that you should be fully aware of before signing any document or accepting any proposal.

What the statutory dismissal prohibition entails

Article 7:670, paragraph 2 of the Dutch Civil Code provides that an employer may not terminate the employment contract of a female employee during pregnancy. This prohibition on termination also applies during maternity leave and for the six weeks following the resumption of work after that leave. This is a broad period of protection that the legislature has deliberately designed as such.

In practical terms, this means: your employer cannot have you dismissed during these periods via UWV or the subdistrict court. This applies to both fixed-term and permanent contracts. Even if you were already pregnant at the start of the notice period but were not yet aware of it yourself, the dismissal prohibition applies retroactively — provided you can demonstrate afterwards that the pregnancy already existed.

The dismissal prohibition in a reorganisation

A reorganisation does not automatically lift the dismissal prohibition. The fact that your position is declared redundant or that an application for a UWV dismissal permit is made does not simply make you, as a pregnant employee, dismissible. Nevertheless, the law recognises a limited number of situations in which the dismissal prohibition can be set aside in the context of a reorganisation.

The most important exception concerns the complete cessation of the activities of the business or of an independent part thereof. Additional conditions apply:

• You must have been employed in the post that is being abolished for at least 26 weeks.
• The dismissal prohibition lapses in this case niet if you are already on maternity leave: during the leave itself the protection remains fully in force.
• The situation must involve a genuine closure of (part of) the business, not merely a reorganisation in which posts disappear whilst the business continues.

Is your employer planning to close a department whilst the rest of the business continues to operate? In that case the threshold for a valid dismissal is considerably higher. Always have the situation assessed by an employment lawyer, as the details are decisive here. Further background on dismissal for economic reasons can be found on the overview page. Reorganisation and Redundancy in Eindhoven.

Signing a settlement agreement when you are pregnant

An employer is always permitted to offer you a settlement agreement (VSO) during a reorganisation, even if you are pregnant. This is lawful. The problem is that by signing you voluntarily waive the dismissal prohibition that would otherwise protect you. The protection lapses the moment you put your signature to the document.

Teken daarom never a settlement agreement without legal advice when you are pregnant. Also be aware of the following risks:

• WW-gevolgen: an incorrectly drafted settlement agreement may result in your unemployment benefit (WW) being refused or delayed after your maternity leave.
• WAZO-uitkering: as a pregnant employee you are entitled to a benefit under the Work and Care Act; termination of the employment relationship may affect your entitlement to this benefit.
• Onderhandelingspositie: precisely because you cannot simply be dismissed, you are in a stronger position than a colleague who has no dismissal prohibition. You will not make use of that position if you agree too quickly.
• Bedenktijd: After signing a settlement agreement, you have fourteen days by law to withdraw from the agreement; if this is not stated in the document, a period of three weeks applies.
• Opzegtermijn: A notice period that is too short in the settlement agreement can result in a later start date for your unemployment benefit (WW).

Transition payment upon dismissal during or after pregnancy

Should your employment contract ultimately be terminated, whether through the courts in an exceptional situation or through a settlement agreement that you enter into consciously and after careful consideration, you are in principle entitled to the statutory transition payment. This amounts to one third of a gross monthly salary for each year of service completed. In 2026, the statutory maximum is €102,000 gross, or one gross annual salary if that is higher.

Because as a pregnant employee you have a particularly strong legal position, there is sometimes more to be gained in negotiations over a settlement agreement than just the bare transition payment. Think of a supplement to the payment, retention of secondary employment conditions until the end date, or a contribution towards legal costs. Make sure you are well informed before you agree to anything.

Practical tips if you are pregnant and a reorganisation is under way

• Inform your employer in writing of your pregnancy as soon as you yourself wish to do so; this formally activates the prohibition on dismissal.
• If you receive a settlement agreement, always seek legal advice first — never sign under pressure.
• Check whether your position is genuinely being abolished or whether the reorganisation appears merely to be a pretext.
• Ask whether the redeployment obligation has been complied with: you too have the right to be redeployed to another suitable position.
• Keep all communication about the reorganisation (emails, letters, notes of meetings) carefully.
• If you have doubts about whether the proportional selection principle has been applied correctly, have it checked; this too can strengthen your position.
• With a fixed-term contract: failing to renew it on account of pregnancy constitutes discrimination and can be challenged.

Assistance with dismissal protection and pregnancy during a reorganisation

Pregnancy and a reorganisation at the same time is a situation that raises many questions and brings considerable stress with it. At Arbeidsjurist Eindhoven we know the local labour market as well as the legal ins and outs of dismissal law. Together with you, we look at your specific situation: what does the settlement agreement say, is the payment correct, and what are your real options? Get in touch without obligation for an initial consultation — you will quickly know where you stand.

Frequently asked questions

Can my employer dismiss me during the reorganisation if I am pregnant?

In most cases, no. Article 7:670(2) of the Dutch Civil Code prohibits the employer from terminating the employment contract during pregnancy, maternity leave, and the six weeks thereafter. Only in the event of the complete closure of (part of) the business can the prohibition on dismissal be set aside under strict conditions — and even then, never during the leave itself.

What happens to my unemployment benefit (WW) if I sign a settlement agreement while I am pregnant?

A settlement agreement can be drafted in a way that safeguards your unemployment benefit (WW), but only if all conditions are met: the notice period must have been observed correctly and the initiative for the dismissal must have come from the employer. An error in the agreement can result in your unemployment benefit (WW) being refused or delayed after your maternity leave. Always have the settlement agreement checked by an employment lawyer before you sign.

Does the dismissal prohibition also apply to my fixed-term contract?

The prohibition on dismissal applies to all types of contract, including fixed-term employment. However, a fixed-term contract that expires by operation of law may not be renewed; that is legally distinct from dismissal. If your contract is not renewed because of your pregnancy, that constitutes discrimination and you are entitled to compensation.

How long do I have to reconsider after signing a settlement agreement?

After signing, you have fourteen days in which to revoke the settlement agreement in writing, without having to give a reason. If the reconsideration period is not stated in the document, an extended period of three weeks applies. Use that period to obtain legal advice if you have not already done so.

How much is my transition payment if I am dismissed as part of a reorganisation?

In 2026, the transition payment amounts to one third of a gross monthly salary for each year of service completed. The statutory maximum in 2026 is €102,000 gross, or one gross annual salary if that is higher. Because pregnant employees have a strong legal position, negotiations sometimes allow for a higher payment than the statutory minimum.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.