Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Maternity Protection Convention, 2000 (No. 183) - Luxembourg (Ratification: 2008)

Article 8(1) of the Convention. Employment protection. Dismissal for serious misconduct. Burden of proof. In its report, the Government confirms that although a pregnant woman is protected against dismissal with a notice period, she can be dismissed with immediate effect, pursuant to an authorization by the labour tribunal, if she commits an act of serious misconduct. The Committee requests the Government to indicate whether, as part of the established procedure, it is the employer who is required to prove that the dismissal for serious misconduct is unrelated to pregnancy or childbirth and its consequences or nursing.