Facts
The dispute opposes an employee, A., to her employer, X., as well as the unemployment insurance fund, Y. The employee was hired by the employer since October 5, 1992, as a saleswoman. On August 2, 2006, the employer terminated the employment contract for economic reasons, with effect as of December 31, 2006. The employee learned that she was pregnant in December 2006 and informed the employer, who continued to employ her until January 24, 2007. The employer then refused to continue the employment contract, arguing that the pregnancy protection period had not yet begun. The employee seized the labor court, which ruled that the employer had to continue to employ her until January 31, 2008.
The parties appealed to the FSCA, which was seized of the question of whether the pregnancy protection period had begun before the end of the notice period. The FSCA decided that the pregnancy protection period had begun on November 10, 2006, and that the employer had to continue to employ the employee until January 31, 2008.
Considerations
The FSCA examined the question of whether the pregnancy protection period had begun before the end of the notice period. It recalled that, according to Article 336c paragraph 2 of the CO, the notice period is interrupted during the pregnancy protection period and resumes after the end of this period.
The FSCA also examined the case law relating to the calculation of the notice period in case of pregnancy occurring after termination of the employment contract. It recalled that, according to its…