Dismissal for operational reasons

The Dismissal Protection Act provides for the possibility that your employer may dismiss you for operational Termination pronounces. The Termination must then be justified by urgent operational requirements. This is the case if (1.) there are operational requirements for a job reduction. This includes, for example, your employer's decision to purchase a new machine to replace your work (so-called internal reasons). A decline in turnover or a deterioration in the current situation can also lead to such a decision (so-called external reasons). The reasons must (2.) be urgent. This is only the case if you cannot continue to be employed in another job in the company or in another company operation. However, this job must be comparable and vacant. The Termination must therefore be the last resort and must not be disproportionate. In particular, you are not entitled to the creation of a new job. If these two conditions, i.e. (1.) operational requirements and (2.) urgent reasons, are met, then (3.) a so-called Social selection between you and those colleagues with whom your position is comparable. In doing so, the length of service, age, maintenance obligations and any other factors must be taken into account. Severe disability to be taken into account.

All of the above is only a rough summary of the principles of a company-related Termination. Since there are always a lot of stumbling blocks for the employer in the event of such a Termination be sure to seek legal advice.