Special Protection for Pregnant Employees Under Examination – CJEU Strengthens Employee Rights Across the EU

Recent developments in EU case law are reshaping how German dismissal protection rules are applied, particularly in cases involving pregnant employees. 

One of CELIA Alliance’s German member firms, Keller Menz, explores the implications of the CJEU’s latest judgment and what it means for employers navigating both German and EU legal frameworks.

The key points covered in this article are: 

• The interaction between German dismissal protection rules and EU law requirements 

• The CJEU’s emphasis on ensuring effective protection of employee rights  

• The potential limits on strict procedural deadlines in dismissal cases  

• Increased compliance considerations for employers, especially in high-risk situations 

• Practical guidance for HR teams managing cross-border employment risks 

1. Overview of key German employment protection provisions 

German employment law provides a framework to protect employees against dismissal, combining general and special protective regimes. 

The provisions of Sec. 4, 7 of the German Protection Against Dismissal Act (Kündigungsschutzgesetz - KSchG) regulate, in particular, the procedural enforcement of dismissal protection, including the strict three-week deadline for filing a claim and the legal consequences of missing this deadline. 

These rules are designed to ensure legal certainty for both employers and employees by requiring timely challenges to dismissals. 

In addition, Sec. 17 of the Maternity Protection Act (Mutterschutzgesetz - MuSchG) establishes a particularly stringent level of protection for pregnant employees by generally prohibiting dismissals during pregnancy and for a defined period after childbirth. 

Any dismissal in this context is subject to prior approval by the competent authority, which significantly raises the threshold for lawful termination. 

2. Consistency with European Union law 

The German legal framework operates within the broader context of European Union law and is intended to give full effect to applicable EU directives, particularly those concerning equal treatment and the protection of pregnant workers. 

Historically, German dismissal protection rules have been regarded as compatible with EU requirements, as they provide employees with access to judicial remedies and enforceable rights. The system of strict deadlines, such as the three-week filing period, has been viewed as a legitimate procedural mechanism to balance legal certainty with effective legal protection. 

Furthermore, the special protection afforded to pregnant employees under German law reflects the objectives of EU directives aimed at safeguarding health and preventing discrimination. However, compliance with EU law ultimately depends not only on the existence of protective rules but also on their practical effectiveness. This is precisely where the recent case law of the Court of Justice of the European Union (CJEU) introduces important clarifications. 

3. Key findings of the CJEU Judgment of 27 June 2024 (C-284/23) 

In its decision of 27 June 2024, the European Court of Justice addressed the interplay between national procedural rules and the effective protection of rights derived from EU law. 

The Court emphasized that national provisions, including strict limitation periods, must not render the exercise of EU rights practically impossible or excessively difficult. In particular, the CJEU examined whether the German rules on dismissal protection, when applied in cases involving pregnant employees, meet this standard of effectiveness. 

The judgment highlights that special protection regimes, such as those applicable to pregnant employees, require a particularly careful assessment of whether procedural barriers undermine substantive rights. The Court thereby reinforced the principle that vulnerable groups must benefit from genuinely effective legal protection. 

As a result, national courts are required to interpret and apply domestic provisions in light of EU law, potentially limiting the rigid application of procedural deadlines in certain cases. 

4. Practical implications for employers and HR professionals 

The CJEU’s ruling has significant practical implications for employers operating in Germany and across the European Union. Employers should be aware that relying solely on formal compliance with national procedural rules may no longer be sufficient if those rules are found to restrict the effective exercise of EU rights. 

In practice, this increases the importance of early legal assessment and careful case-by-case analysis. HR departments, in particular, should be trained to identify high-risk situations and to involve legal counsel at an early stage. 

5. Increased compliance challenges for international employers 

For international companies, the decision underscores the complexity of operating within a multi-layered legal framework that combines national and EU law requirements. Employers headquartered outside Germany may be less familiar with the strict protective regimes applicable to pregnant employees and the procedural nuances of German dismissal law. 

The CJEU’s ruling further complicates this landscape by introducing an additional layer of examination regarding the effectiveness of legal remedies. As a result, cross-border employers must ensure that their global HR standards are sufficiently flexible to accommodate local legal requirements. 

Failure to do so may expose companies to significant legal risks, including the invalidity of dismissals and potential claims for damages. This makes it essential for multinational organizations to adopt a coordinated and well-informed approach to employment law compliance. 

6. How Keller Menz supports international employers 

As a law firm with extensive experience in German and European employment law, we are well positioned to support international employers in navigating these developments. Our services include the review and optimization of dismissal procedures, as well as strategic guidance in complex or high-risk cases, particularly those involving special protection categories such as pregnant employees. 

We also assist foreign companies in understanding the specific requirements of the German legal system and in implementing compliant processes. 

By providing clear, practical, and business-oriented advice, we help our clients minimize legal risks while maintaining operational efficiency. We remain at your disposal to discuss how these developments may affect your organization and to develop tailored solutions for your needs. 

For further information or to discuss any of the issues raised, please contact Jessica Civale (jessica.civale@keller-menz.de) on +49 (0) 89 2422300. 

How CELIA Alliance can help

We are dedicated to helping international businesses make the most of their people. As a non-exclusive alliance, CELIA members are also retained by other professional services firms (including some of the world’s 100 largest law firms) to deliver the expert services expected by their clients.

Please feel free to contact us or one of our member firms for more information.