Right to reinstatement

Should any changes occur between the receipt of the Termination by your employer and the expiry of the botice period material circumstances change, then you may be entitled to reinstatement on the terms and conditions that applied before the Termination were given. This may be the case, for example, if a dismissal for operational reasons because the business was to be shut down, but your employer has found a way to continue its business in the meantime. Even in the case of dismissal for personal or behavioral reasons TerminationYou may be entitled to reinstatement, e.g. if you can prove that the illness for which you were dismissed is no longer to be expected in the future. It is also conceivable that you are entitled to such a claim if your employer has dismissed you for a criminal offense that you have allegedly committed and it later transpires that a colleague of yours was the perpetrator. However, the prerequisite for a reinstatement claim is that the Dismissal Protection Act is applicable. This means that you must have been employed by your employer for six months and your employer must have no fewer than ten employees. Only in a few exceptional cases can a claim for reinstatement be asserted if the Dismissal Protection Act is not applicable. In addition, short deadlines for asserting the claim for reinstatement must be observed on a regular basis. You should be guided here by the three-week period from knowledge of the changed circumstances, which must be observed so that the Termination is not considered effective.