Prohibition of measures

Your employer may not discriminate against you if you have exercised your rights in a permissible manner. In this case, the employer is in breach of the so-called prohibition of discrimination pursuant to Section 612 a BGB. The Federal Labor Court has ruled, for example, that it is a violation of the prohibition of disciplinary measures if the employer threatens an employee that he will dismiss him if he does not show up for work despite being ill and then follows up his threat with action, even though the employee was actually ill. The Termination is then null and void. Against such a Termination must be made within three weeks of receipt of the Termination otherwise it will be deemed effective.