What is a dismissal protection action? Unfortunately, most employers often do not offer severance pay in the course of a dismissal on their own. The dismissal must be contested with
Dismissal for operational reasons Warning, termination without notice, protection against dismissal, general dismissal - you've heard it all before somehow. The legal possibilities in Germany are very complex, even for experienced employees.
What is the threat of whistleblowing? Whistleblowing is the reporting of an employer to law enforcement authorities or the public expression of criticism about company conditions. This behaviour is
Dismissal due to unauthorised leave? If an employee takes unauthorised leave or uses the time for leave during sick leave due to incapacity for work, he or she may be dismissed.
Dismissal because of tattoo? In principle, everyone is free to get a tattoo or piercing. If the employer can prove a legitimate interest that corresponding body art at
What does the social plan say? The written agreement between the employer and the works council on the compensation or mitigation of economic disadvantages that employees may suffer as a result of operational changes,
Dismissal due to rationalisation measures? Rationalisation measures by the employer can constitute grounds for dismissal within the company. They are not considered by labour courts with regard to their necessity or expediency.
Working despite quarantine? Many people ask whether the employer can terminate the employment contract if the employee deliberately travels to a risk area when there is a travel warning in place and
What is ordinary termination? Ordinary notice of termination means notice of termination subject to a period of notice. In accordance with the Act on Protection against Dismissal (Kündigungsschutzgesetz - KSchG), a distinction is made between dismissal for operational reasons, for reasons of conduct and for other reasons.
What is the period for bringing an action for protection against dismissal? Employees may bring an action for protection against dismissal within three weeks of receipt of a dismissal, otherwise the dismissal automatically becomes effective. Exceptionally, the
What is protection against dismissal? The Protection against Dismissal Act (KschG) regulates the general protection against dismissal. If the KschG is applicable (cf. sections 1, 23 KschG), a dismissal is only
What happens to the remaining leave after a dismissal? If the annual leave can no longer be granted in full due to a dismissal, the employee can take the remaining leave.
