hearing of the works council

Does your employer have a Works councilthis must be done before each Termination be heard. In other words, regardless of whether your employer has dismissed you with or without notice. Change of contract notice the applicant wishes to express his opinion, he will not be able to Works councils cannot be avoided. If your employer does not do this, the Termination ineffective (Section 102 (1) sentence 3 BetrVG).

It must comply with the Works council all Terminationreasons to which he could refer the Termination would like to support. If, at the time of receipt of the Termination so even more Terminationreasons, but your employer has refrained from disclosing them to the Works council then he cannot refer to them in the proceedings. He can only refer to those Terminationreasons that he could give to the Works council has communicated. If he wishes to refer to further Terminationreasons that already existed at the time the Termination the court must hold a new hearing and, on the basis of the new hearing, issue a further decision. Termination pronounce.

In principle, the Works council with an ordinary Termination seven days, in the case of an extraordinary Termination three days to register for the Termination to make a statement. If he misses the deadline, his consent is deemed to have been granted. In the event of an objection in due form and time by the Works councils against the Termination and a judicial review of the Termination you are generally entitled to continued employment until the proceedings have been concluded.

Nevertheless, you must also do this within three weeks of receipt of the Termination with a lawsuit. Otherwise the Termination as effective.

With a Works councilYour employer has a lot of hurdles to overcome before a hearing. A review is therefore worthwhile in most cases. We will be happy to help you with this.