A B D E F G H I J K L M N O P R S T U V W Z

Mass layoffs

If your employer's company has reached a certain size and wants to dismiss several employees at the same time, it may happen that he has to follow certain procedures. He must then, among other things, inform the works council precisely about the plan, seriously discuss the measures with it (consultation procedure) and obtain a…

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Prohibition of disciplinary action

Your employer may not discriminate against you if you have exercised your rights in a permissible manner. This would then violate the so-called prohibition of disciplinary action according to Section 612 a of the German Civil Code. The Federal Labor Court has ruled, for example, that it violates the prohibition of disciplinary action if the employer threatens an employee with dismissal if he does not work despite being ill...

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Bullying

The Federal Labor Court defines bullying as systematic hostility, harassment or discrimination between employees or by superiors. Your employer is obliged to protect your health and your personality equally and to take active steps against bullying. Bullying can lead to claims for damages and compensation for pain and suffering...

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Maternity protection

The Maternity Protection Act and the associated special protection against dismissal applies to all employment relationships. This means that pregnant trainees, interns, development workers, students, school pupils and participants in the Federal Voluntary Service are also included...

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Compensation for disadvantages

If your employer makes a change to the company and deviates from a balance of interests agreed with your works council without a compelling reason, or if he does not reach an agreement with the works council beforehand, you may be entitled to compensation for disadvantages. This entitlement includes claims to severance pay and compensation for other disadvantages...

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Subsequent admission of a dismissal protection suit

In exceptional cases, a claim for protection against dismissal can be admitted despite the expiry of the three-week period for filing a claim. However, there are strict requirements for this. The law stipulates that despite applying all reasonable care under the circumstances, you were prevented from filing the claim on time. If this is the case, the claim will be dismissed at your request...

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Ordinary termination

You can give notice of termination without giving reasons at any time, provided that you comply with the notice periods specified in the employment contract, collective agreement or the law. Your employer, on the other hand, must either observe a minimum level of social consideration or can only terminate your employment for personal, behavioral or operational reasons within the limits of the Dismissal Protection Act...

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Personnel file

If your employer is obliged to keep a personnel file, or does so voluntarily, you have the right to inspect it. You also have the right to attach explanations, make counterstatements and have incorrect information corrected or removed. This can be particularly important with regard to warnings, as they often have a...

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Termination for personal reasons

A dismissal for personal reasons can be issued if you are permanently unable to perform your work in whole or in part for personal reasons. The most common case of a dismissal for personal reasons is dismissal due to illness. Alcoholism can also be a reason for dismissal. For the dismissal to be effective, the following conditions apply:

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Care leave

If you care for a close relative in need of care in a home environment (care leave), you benefit from special protection against dismissal. Your employer may not dismiss you from the time of notice until the end of the care leave if there is no special reason for dismissal. As always, the three-week period for filing a lawsuit must be observed...

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