The fifth rule is a tax reduction that can be applied for SEVERANCE PAYMENTS. The severance payment is evenly distributed over five years when calculating the tax...
Read MoreConciliation hearing
Usually, within a few weeks of filing a wrongful termination suit, the court will set a date for a conciliation hearing. No applications are submitted at this time. An attempt is made to reach an amicable agreement. If this is successful, the proceedings usually end with a SETTLEMENT. If the negotiation fails, a date is set for an oral hearing...
Read MoreSales representative
The special provisions of the German Commercial Code (HGB) apply to the termination of commercial agents. It provides for special notice periods for ordinary termination. There must be an important reason for extraordinary termination. This is the case if the person terminating the contract, taking into account all the circumstances of the individual case and weighing up the interests of both parties, is not entitled to a reasonable compensation.
Read MoreInsolvency administrator
If your employer goes bankrupt, an insolvency administrator takes over the business. This often results in the administrator terminating the employment of individual employees. If you receive notice of termination from an insolvency administrator, the three-week period for filing a lawsuit from the time you receive the notice of termination must also be observed. This even applies to reasons for termination other than those under the...
Read MoreIntegration Office
If you are diagnosed with a degree of disability of at least 50, you are considered severely disabled. Your employer must then obtain the approval of the Integration Office before he can terminate your employment. If he does not do this, the termination is invalid. Here, too, you must adhere to the three-week deadline for filing a lawsuit. However, this deadline only begins with the...
Read MoreBalancing of interests
When reviewing an extraordinary termination for good cause, a balancing of interests is carried out. The employer's interest in an early termination of the employment relationship is weighed against the employee's interest in complying with the notice period, taking into account all the circumstances of the individual case. The key factors here are...
Read MoreInternet usage
If you use the Internet for private purposes during working hours, this may justify termination by your employer. The Federal Labor Court, for example, ruled that use contrary to an explicit prohibition by the employer...
Read MoreYouth and trainee representation
A member of the youth and trainee representatives enjoys special protection against dismissal. According to this, he or she may not be dismissed during the term of office or for one year after the end of the term of office, unless the dismissal is for good cause...
Read MoreLimitation period
Compliance with the deadline for filing a claim is a basic requirement for a successful dismissal protection process. It is three weeks from receipt of the notice of termination. If it is not filed on time, the termination is generally considered effective and you can no longer take action against the termination. Although it is possible to have a late dismissal protection claim admitted, this…
Read MoreWaiver of action
In direct temporal and factual connection with the termination, you can also enter into a waiver of legal action agreement with your employer. However, this must be in writing and also contain financial compensation for you as an employee. If it does not, the agreement is invalid...
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