Action for unfair dismissal

One TerminationThe action for protection must be filed within three weeks of receipt of the written Termination be filed with the labor court if it is to be asserted that the Termination is socially unjustified or ineffective for other reasons. If the deadline is missed, the Termination as effective. In principle, it can then only be asserted that the Written form has not been complied with or an official authorization for Termination is not yet available if the employer has not yet Special protection against dismissal was known. Under strict conditions, it is also possible to admit the action retrospectively, i.e. after the three weeks have expired.

After the TerminationIf the labor court has received the complaint, it will be served on the opposing party and a hearing will be scheduled within a few weeks. QUALITY NEGOTIATION scheduled. If the Conciliation hearinga new date is set for the main hearing. An action can go through a total of three instances. The first instance is the labor court, the second instance is the regional labor court and the third instance is the Federal Labor Court.

With the TerminationThe aim of the action for protection is to establish that the employment relationship has not been terminated by the challenged Termination was terminated. Should the employer Termination "take back", this constitutes an offer to continue the employment relationship. If you accept the offer, the proceedings will be terminated. However, you do not have to accept the offer. You still have the option of submitting an application to terminate the employment relationship yourself. However, such an application is subject to strict conditions. If the application is granted, the employment relationship will be terminated by a court decision and a Severance pay pronounced. One Application for dissolution can also be submitted by the employer or both sides.

If in the meantime - i.e.  between Termination If you have entered into a new employment relationship and a court decision has been made, you have the right to choose which employer you wish to work for in the future. You then have a special right to choose your old employer.terminationright. If you no longer wish to work for him, you must declare to him in writing within one week of the judgment becoming final that you refuse to continue the employment relationship.

The lawyercosts for a TerminationEach party bears its own costs in the first instance. The court fees are reduced compared to normal civil court proceedings. They are waived completely if the action is withdrawn or both parties reach a full settlement.