Protection against dismissal: How to protect your rights after termination!

Protection against dismissal: How to protect your rights after termination!

In Germany, the topic of protection against dismissal in the world of work is of central importance. A current consideration of the legal framework makes it clear that dismissals are not allowed to be arbitrary. Employers in companies with more than ten full -time employees must adhere to clear guidelines that are anchored in the dismissal protection law. Special protection periods and requirements apply in particular to employees whose employment relationship exists for more than six months

It is essential to know that a letter of termination does not necessarily have to indicate a reason. As radiherford.de reports for a legitimate termination with the employer. In certain cases, this must explain a legally secure reason for termination in the process before the labor court, but the letter of termination itself remains legally effective without specifying a reason.

legal framework conditions

For employers who issue termination, there are only three permissible reasons for termination: due to behavior, due to personal or operational. The labor court is responsible for determining whether there is a reason for termination. This means that employees should urgently claim legal advice if they terminate. In particular, the deadlines for a dismissal protection lawsuit must be observed: It must be submitted within three weeks of receipt of the termination. If this period expires, the termination will be effective, even if the employer may not have been legally terminated, as it was also confirmed

The submission of a dismissal protection lawsuit allows employees to have the legality of their termination checked. The goal is often a further employment or a reasonable severance payment. The chances of success of a lawsuit are all the higher if the employee was released without prior warning or if there are formal errors in the termination. The proper participation of a works council also plays an important role.

The procedure for the dismissal protection lawsuit follows a clear process: after the timely submission of the lawsuit, there is usually a quality date in which an out -of -court settlement is aimed for. If there is no agreement, the matter is negotiated before the chamber. The costs of such an action are made up of court and attorney fees. This applies that in the first instance, every party bears its own costs, regardless of the outcome of the procedure, as it summarizes bmas.de

For many employees, an extrajudicial agreement with the employer is a sensible alternative to the lawsuit. Options such as severance pay or a qualified job reference can often be achieved faster and easily. However, it remains essential to seek advice in good time and professionally to protect your own rights.