Verdict
From dpa/tmn
December 27, 2023, 4:05 p.m. Reading time: 1 minute
ILLUSTRATION – Pregnant applicants are not required to disclose their condition when applying for a job.
Photo: Christin Klose/dpa-tmn
Gera/Berlin (dpa/tmn) – When concluding a fixed-term employment contract, an applicant does not have to say that she is pregnant. Even if it is likely to be canceled for a large part of the time. This emerges from a decision by the Gera Labor Court (AZ: 3 Ca 1074/22), to which the German Lawyers’ Association (DAV) points out.
In this specific case, the gynecologist diagnosed an employee as pregnant at the end of June 2022. Ten days later, the woman signed a one-year employment contract. She was scheduled to work as a nursing assistant from mid-July 2022.
The employee duly showed up for work on the first day and announced her pregnancy. The employer then issued an immediate general ban on company employment due to the risk of infection. This meant that the woman was no longer employed before she had started working.
Challenging the employment contract is discrimination
The employer felt that the applicant had fraudulently deceived her and subsequently challenged the employment contract. After all, the employee knew her performance capacity due to pregnancy.
However, the Gera labor court ruled that concealing the pregnancy did not constitute fraudulent deception. What’s more: the employer’s challenge to the employment contract is inadmissible discrimination. When applying for a permanent or temporary position, pregnant women generally do not have to provide any information about their condition and are even allowed to lie.
© dpa-infocom, dpa:231227-99-420416/2
2023-12-27 17:04:24
#Temporary #job #Pregnancy #secret
