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.