Protection against dismissal for employees
Protection against dismissal is a legal regulation that protects employees against unjustified dismissals by the employer. In Germany, there are different types of protection against dismissal.
General protection against dismissal: General protection against dismissal applies to employees who have been employed in the company for at least six months and work in companies with more than ten employees. Dismissal by the employer is only possible for operational, personal or behavioural reasons.
Special protection against dismissal: Special protection against dismissal applies to certain groups of employees such as pregnant women, severely disabled persons or works councils. In these cases, dismissal is only possible under very narrow conditions.
Protection against dismissal under collective agreements: The protection against dismissal under collective agreements is based on the provisions of a collective agreement and may vary from sector to sector.
Consultation of the works council: Before any dismissal, the employer must consult the works council. This means that the works council has the opportunity to comment on the dismissal and, if necessary, to lodge an objection.
Action for protection against dismissal: If an employee considers his or her dismissal to be unlawful, he or she can file a complaint with the labour court within three weeks of receiving the dismissal. The labour court then examines whether the dismissal was effective or not.
It should be noted that the protection against dismissal may be limited in certain cases, e.g. in the case of termination without notice due to a serious breach of duty by the employee.
- Legal Tech Act
- Invalidity of the termination of a tenancy agreement
- Influencer means advertising ?
- Employee must prove illness
- Revocation of a car loan agreement
- Liability of a subsidiary for infringement of competition law?
- Time limitation of an employment
- Price increases for new car
- Termination due to reading and disclosure of data
- Termination because of threats against a supervisor
- Proof of e-mail receipt.
- Termination of Leasing Contract
- EU sanctions targeting Russian citizens.
- Transparency register for all companies
- Insolvency law: indebtedness pursuant to section 19 (2) sentence 1 InsO
- The EU's Russia sanctions
- Payment for licence plate advertising is remuneration
- Employees can be transferred abroad permanently
- Implementation of electronic time recording
- Unemployment benefit after dismissal?
- Equal pay
- Protection against dismissal for employees
- Seizure of a private car by customs
- Seizure of private cars from Russia by German customs authorities
- Interest on tax demands and refunds at 6% p.a. unconstitutional
- Data owned by employer
- Weakening of tenants' rights
- Right of withdrawal for brokerage contracts
- BFH, ruling of 23 March 2016, IV R 9/14: Investment deduction amount
- Cartel damage
- Right abuse
- Setting a deadline
- Protection of third parties
- Internet sales platform
- Bonus payments
- Formal requirements in general terms and conditions
- Termination of a management employment
- No cosmetic repairs at the apartment despite "renovation agreement"
- Income tax return due to loan default
- ECJ ruling on copyright infrigements on Youtube
- Gift invalid without notarial certification
- Minimum subsistence Germany 2019-2020
- revocability of employment termination agreements
- Cover under legal expenses insurance
- Termination without notice
- Labour law: leave
- Immigration of qualified staff
- Unpaid leave
- Tax law: liability of a foreign company in germany
- Custom law ruling
- Labour law: compensation adjustment for lawyer fees
- Termination without notice
- Tenancy law
- Immediate notice of dismissal
- Damages in case of violation of a jurisdiction agreement
- Corona quarantine: legal aspects
- No termination without notice
- Labour law decisions around Corona
- Dismissal due to Covid 19 quarantine invalid