Protection against unfair dismissal:

The dismissal protection lawsuit is a declaratory lawsuit that a specific dismissal issued by the employer did not terminate the employment relationship.

Which deadlines have to be observed:

According to § 4 sentence 1 of the Protection Against Dismissal Act, an employee must file a complaint with the labor court within three weeks of receipt of the written notice of termination, seeking a declaration that the employment relationship has not been terminated by the termination if they wish to assert that a termination was socially unjustified or for other reasons is legally invalid. The lawsuit is therefore aimed at finding that the employment relationship has not been terminated by the specific notice to be given.

Invalidity of the dismissal can be due to many reasons, such as lack of social justification, lack of reason for dismissal, lack of power of attorney (if another person issued the dismissal on behalf of the employer).

If the Dismissal Protection Act is applicable, an ordinary termination by the employer must meet special requirements in order to be effective.

The Dismissal Protection Act applies

-if the employment relationship in the same company has existed without interruption for more than six months and the termination is socially unjustified (§ 1 Para. 1 Dismissal Protection Act).

Social justification for termination:

According to Section 1 (2) of the Employment Protection Act, a dismissal is socially unjustified if it is not due to reasons that lie in the person or the behavior of the employee, or due to urgent operational requirements that prevent the employee from continuing to work in this company. A termination is also socially unjustified if the employee can continue to be employed at another job in the same company or in another company of the company (§ 1 Para. 2 Sentence 2 No. 1 b Dismissal Protection Act).

However, an employee cannot invoke this special protection of the Employment Protection Act if he works in a company that usually has ten or fewer employees (apprentices excluded), Section 23 (1) sentence 3 of the Employment Protection Act.

In any case, however, the employee must note that an action for protection against dismissal, regardless of whether the Dismissal Protection Act is applicable or not, within three weeks to be charged after receipt of the notice of termination.

The details with regard to bringing an action for protection against unfair dismissal and with regard to the reasons for the ineffectiveness of a dismissal are sometimes very difficult and relate to the individual case. It is therefore highly recommended that you seek advice from a specialist lawyer for employment law if you have specific questions.

If you have any questions on the subject of dismissal and actions for protection against unfair dismissal, please contact our law firm and arrange one meeting

or call us on the phone number02366-94066 02.