Dismissal Protection Act

If the TerminationProtection Act (KSchG) is also applicable, a ordinary terminationwhich can normally be pronounced largely without cause, is only effective if it is not socially unjustified.

The following can be used TerminationProtection Act if you have bridged a certain waiting period and your employer's company is of a certain size. Your employment relationship must therefore have existed in the same business or company for more than six months without interruption (waiting period). The company or business may not regularly employ fewer than five (for employment commencing up to the end of 2003) or ten (for employment commencing from 2004) employees.

Socially unjustified is the Termination among other things, if it is not due to reasons relating to the person or conduct of the employee or due to urgent operational requirements that prevent the employee from continuing to work in this company. In this respect, a distinction is made between personal, behavioral and operational reasons. Terminationdifferentiated.

The TerminationProtection Act also contains, among other things, regulations on Severance payclaims, Change of contract noticeand details of the Action for unfair dismissal. Of utmost importance for you as an employee is the compliance with the Limitation period. If you fail to do so within three weeks of receipt of the Termination Your Action for unfair dismissal apply, the Termination as effective. You can then no longer invoke the fact that the Termination is socially unjustified, i.e. there is no personal, behavioral or operational reason.