Special protection against redundancy
In certain situations, employees are covered by special redundancy protection. In such cases, redundancy will be considered to be unfair unless the employer is able to document otherwise.
Protection against redundancy in connection with illness
Employees who are either partly or entirely off work because of an accident or illness may not be made redundant during the first 12 months after they became incapacitated, unless it is very clear that a different reason lies behind the redundancy.
Protection against redundancy in connection with pregnancy and following birth or adoption
Employees who are pregnant may not be made redundant for this reason. Termination of employment during pregnancy will be considered to be due to the pregnancy unless compelling grounds indicate otherwise. The same applies to employees who are on pregnancy leave, carer's leave, maternity leave or parental leave for up to one year, or alternatively extended parental leave for up to two years or partial parental leave for up to three years. In the case of lawful termination of employment with a leaving date during parental leave, the period of notice will not commence until the leave is over.
Protection against redundancy in connection with military service
Employees may not be made redundant as a result of obligatory or voluntary military service, or voluntary service for up to two years on international peace operations. Termination of employment immediately before or during such service will be considered to be due to the pregnancy unless compelling grounds indicate otherwise.
Protection against redundancy in connection with the issuing of warnings
You are not permitted to terminate the employment or carry out any other form of retribution against an employee who reports reprehensible circumstances in accordance with the applicable whistle-blowing rules. If an employee presents information which gives reason to believe that he or she has been the victim of retribution, this information will be used as a basis unless the employer substantiates otherwise.