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against dismissal

What you as an executive employee need to know

If your employment as an executive employee falls under the Employment Protection Act you are subject to general protection against dismissal. You can file for a dismissal protection suit. In the following sections we will explain what requirements are necessary for a successful suit.

General protection against dismissal and its effect

To be applicable for general dismissal protection the employment must have existed for at least 6 months and the company must have more than 10 employees (different rules apply for employment contracts prior to 2004!). If the protection applies, then the employer has to justify the termination. These reasons must have to do with the conduct of the employee or with an operational restructuring. Good to know: Terminations for reasons of conduct are void, if the employee has not been previously warned about the breach in conduct. When it comes to terminations for reasons of personal capabilities, it must be demonstrated that the employer will not be able to use the employee at all or at least partially in the future. Terminations for operational reasons require a legally legitimate social welfare orientated selection. The employer must continue to employ those workers most deserving of protection.

Special dismissal protection and what it does

Prerequisite for special protection is that you belong to one of the following groups: pregnant women, people on parental leave, severely disabled people, trainees or members of the employee representative committee. Protection of these individuals is of particular importance. The legal regulations concerning this, apply irrespective of the regulations of general dismissal protection. The dismissal protection is designed differently depending on the group of people in question. It can encompass additional notice requirements and can entail permanency. If you belong to one of these groups, you should inform yourself about your individual privileges or consult with legal counsel. Our law firm will offer you the appropriate consultation service on this topic. 

When you should seek a dismissal protection suit

If, as an executive employee, you consider a termination to be unjust, you can file a dismissal protection suit within 3 weeks. For employers the requirements for an effective dismissal are high. Therefore always consider this course of action. When it comes to dismissal protection proceedings, the topic of severance pay often also plays a key role. However there are only legal claims in very rare circumstances. In such a case it is an advantage to have a legal counsel on your side, who has experience, expertise and negotiating skills.

As executive employee you have rights that are guaranteed by the Labor Protection Act. However you must know these rights in order to be able to defend them when things get serious. Feel free to talk to us, we will gladly advise you about your rights and how we can most effectively assert them.

Does special dismissal protection apply to you? What needs to be considered when filing suit?

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