Entitlement to continued employment

There are three types of a Weiteremployment claims. On the one hand, there is one based on the judicial development of the law and, on the other, one based on works constitution law. This arises in principle when the Works council one Termination has objected to you asking for a Termination Action for unfair dismissal and you have demanded that your employer continue to employ you. Your employer must then continue to employ you under the same conditions until the legal dispute has been concluded, unless your employer obtains a court decision that releases them from continuing to employ you. He can do this, for example, in cases in which your lawsuit has no reasonable prospect of success, your employer is threatened with serious economic disadvantage or the employer's objection to the dismissal has been rejected. Works councils was obviously unfounded.

The third Nextemployment claim is available to trainees. If they request continued employment three months before the end of the training contract, the training contract generally becomes a permanent employment contract.