If you have agreed a probationary period with your employer, they can terminate your employment with two weeks' notice. However, this applies to a probationary period of six months at the most. Other notice periods may arise from your employment contract or collective agreement. You must object to termination during the probationary period within three weeks of receiving the notice of termination...
Read MoreLegal aid
If, due to your personal and financial circumstances, you cannot afford the costs of litigation, can only afford them in part or in installments, you can apply for legal aid. However, the intended legal action or defense must offer sufficient prospects of success and must not appear to be frivolous. If you…
Read MoreProcess comparison
Dismissal protection proceedings often end during the conciliation negotiations with a so-called settlement. This usually involves a binding contract with the obligations contained therein being concluded on the one hand and the process being ended on the other. There are a few special features to be observed here. For example, you should make sure that the agreement makes it clear that...
Read MorePoint system
If you are dismissed for operational reasons, your employer can set up a so-called points system. The employer weights the employee's length of service, age, maintenance obligations and severe disability and awards points for each. The employer is not obliged to make a decision based on the points determined in this way.
Read MoreLegal fees.
In the first instance of a dismissal protection procedure, each party must cover their own legal costs. This means that regardless of whether you win or lose, you must pay your own lawyer, but not the opposing lawyer. If you have legal expenses insurance, this will cover the legal costs. If you…
Read MoreLegal expenses insurance
Depending on the insurance contract, legal expenses insurance covers the costs of your lawyer and court costs. The opposing lawyer's costs are often also covered if you lose the case. However, you must remember that legal expenses insurance always requires a waiting period before it pays out. You can therefore opt for a...
Read MoreRepayment clause
If your employer pays for further training so that you can expand your skills, it is possible under certain circumstances for a repayment clause to be included in a contract for further training for the costs covered. If you terminate your contract yourself after completing the further training, your employer may be able to…
Read MoreTrawl application
It may happen that your employer issues another notice of termination during the process. In that case, you must also contest this termination. This is usually done with a so-called dragnet application, whereby an application is made to establish that the employment relationship will not end with further terminations...
Read MoreArbitration proceedings
If a trainee is terminated without notice, an arbitration procedure must be carried out before the employment court is called upon. The arbitration committee must hear both parties. If the decision of the arbitration committee is not accepted by both parties within one week, the employment court can…
Read MoreWritten form
Terminations and termination agreements must be signed. They are subject to the so-called written form requirement. This is mandatory and cannot be excluded by contract. A termination without the original signature of your employer or a representative who is authorized to make personnel decisions is invalid. A termination by SMS, for example, is...
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