“If the employer terminates the employment relationship and, in connection with the termination, offers the employee the continuation of the employment relationship under changed working conditions, the employee can accept this offer under the proviso that the change in working conditions is not socially unjustified…

Before the works council issues its opinion regarding an impending dismissal, it should hear the employee concerned (Section 102, Paragraph 2, Sentence 4 of the Works Constitution Act). You do not have to attend the hearing. You can also forego it. However, it can be advantageous if you attend the hearing. The result of the hearing will be incorporated into the...

If your employer has a works council, it must be consulted before any termination. This means that regardless of whether your employer wishes to issue a regular termination, a termination without notice or a termination with changes, he or she cannot avoid consulting the works council. If your employer does not comply with this, the termination is invalid (Section 102 Paragraph 1 Sentence 3 of the Works Constitution Act)...

The principle of "no work, no pay" applies in an employment relationship. However, if you have been wrongfully dismissed, your employer will be in default of acceptance upon expiry of the notice period in the case of a regular dismissal and in the case of an extraordinary dismissal. If you are willing and able to perform at the same time, i.e. not due to...