Protection against dismissal

Definition of employment protection law

The Dismissal Protection Act (KSchG) protects the employee against the disadvantage of a dismissal by the employer. Protection against dismissal can be asserted by all employees, but not by senior executives, provided that their employment relationship has been in effect for six months and the company has more than ten employees (from 01.01.04). The following applies:

legally ineffective terminations

A termination is legally ineffective if it is socially unjustified (§ 1 KSchG). This is the case if it is not due to reasons that are inherent in the person or the behavior of the employee or - due to urgent operational requirements.

A termination is also socially unjustified if the employee can continue to be employed at another job, or if the employer did not take sufficient account of the length of service, age and maintenance obligations when selecting the employees to be terminated.

Termination of expectant mothers and women who have recently given birth during pregnancy and four months after the birth is not permitted.

A dismissal by severely disabled persons without the prior consent of the Integration Office is prohibited (Sections 85, 91 (1) SBG IX).

A termination during military service or alternative service is not permitted. Employees who provide these services must not suffer any disadvantages as a result.

Works councils and members of the youth council cannot be terminated during their term of office and for one year afterwards (Section 15 (1) KSchG). Protection is necessary so that they can carry out their duties without fear of dismissal.

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