Hearing of the employee
Before the Works council his opinion regarding an upcoming Termination If the employer issues a statement, he should hear the employee concerned (Section 102, Paragraph 2, Sentence 4 of the Works Constitution Act). You do not have to attend the hearing. You can also forego it. However, it can be advantageous if you attend the hearing. The result of the hearing will be incorporated into the statement of the employer. Works councils and this may have direct consequences for your legal position (cf. RIGHT TO CONTINUED EMPLOYMENT).It is therefore advisable that you seek legal advice before the hearing. We will be happy to help you and can of course arrange a short-notice (telephone) appointment.
Before a Termination In principle, there is no legal obligation for the employer to hear you as an employee about the reasons. Exceptions apply, for example, to the so-called SUSPICIONTermination or for certain collective agreements. In some cases, the lack of consultation can therefore lead to the invalidity of theTermination Termination or one Warning If no hearing has been held, you should therefore Termination in any case, have it checked. We will be happy to help you with this