Scope of the decision: the dismissal is null and void only if the employer was informed of the state of pregnancy at the date of referral to the Labour Tribunal (conseil de prud’hommes)
The Court of Cassation poses an alternative:
. if the employer does not know the state of pregnancy at the date of referral to the Labour Court for lack of knowledge, the judicial termination must be a dismissal without real and serious cause;
. if, on the other hand, the employer is informed of the state of pregnancy on the date of referral to the Labour Court, the judicial termination subsequently pronounced may produce the effects of a null dismissal.
In addition to a termination indemnity of no less than six months' salary, the employee is entitled to the payment of wages covering the period of protection related to maternity.
Pregnant employees (salaries enceintes) are therefore advised to inform their employer of their pregnancy status as soon as possible by registered letter with acknowledgment of receipt.
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c. cass. November 28th 2018 15-29330
Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)
Membre du Conseil de l’ordre des avocats de Paris
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