How you can make use of it
If your employment falls under the dismissal protection law, then you will receive general dismissal protection. The employer will have additional duties imposed upon him. As employee you have the option of filing a dismissal protection suit.
General and specific dismissal protection – the difference
General dismissal protection becomes active, when the employment has existed for six months and the company has more than 10 employees. Different rules apply for employments that have started before the year 2004. Specific dismissal protection only applies to employees who are especially deserving of protection – for example severely disabled people or pregnant women. The legal regulations in this respect apply regardless of general dismissal protection. They can lead to additional notice requirements or even permanency.
Your employer must justify a termination
Dismissal protection means first and foremost: Your employer may only terminate if there is a reason based on conduct of the employee, grounds of personal capability or an operational change. Good to know: Conduct-related terminations are regularly ineffective, when the employee has not been previously warned about the breach in conduct. Terminations on grounds of personal capabilities require a long-term negative prognosis (the employee will not be able to work in the foreseeable future etc.). Terminations for operational reasons in turn require a legitimate social welfare oriented selection. If, during a restructuring, not all employees are made redundant the employer must, among those that are comparable, continue the employment of those most deserving of protection.
Think about a dismissal protection suit
If you, as employee, consider the termination to be unjustified, you can file a dismissal protection suit within 3 weeks of receiving notice. Our tip: The requirements, as employer, for a dismissal are strict. Be sure to consider the possibility of filing a dismissal protection suit! If you belong to one of the following groups you are entitled to special dismissal protection: pregnant women, people on parental leave, severely disabled people, trainees or members of the employee representative committee. Here the termination is either more difficult or impossible. The range of the respective protective laws is very different. You should thoroughly inform yourself about your privileges. Do give us a call regarding this. Note: You have to file a dismissal protection suit within 3 weeks after receipt of notice! When it comes to terminations we want to quickly be available to you. That is why, in termination cases, you will receive a consultation appointment with our law firm within 48 hours.
What you have to do for a severance pay
When it comes to dismissal protection proceedings the topic of severance pay often plays a central role. However there is only a legal claim for severance in exceptional cases. Therefore the parties involved must negotiate a possible severance pay. Here, mainly experience, expertise and bargaining skill count. Have a specialist labor law attorney advise you comprehensively to improve your chances for success. We can help – fast, legally secure and competent.
The German law will protect you well, as an employee, in case of termination. If you are given notice, you should make use of that. Talk to an attorney you trust.
File a dismissal protection suit; how does it work? And what deadlines do I have to meet?
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