Extraordinary dismissal is permissible if there is a good cause
Extraordinary dismissal is permissible if there is a good cause
(wichtiger Grund) for immediate termination. In order to con-
stitute a good cause, the circumstances must be such that
continuing the employment until the end of the regular notice
period (or, for fxed-term contracts, until the contractual expira-
tion date) would be unreasonably burdensome for the employer.
Criminal acts against the employer or colleagues are examples of
good cause. Extraordinary dismissal is only possible within two
weeks of the time the employer learns the facts on which the
termination is based.
Fixed-term contracts terminate automatically at the end of their
agreed term. They are subject to ordinary termination only if this
is agreed in the individual agreement or the applicable collective
bargaining agreement.
Employees wishing to challenge the validity of their dismissal
must fle an action before a labor court within three weeks of
having received the notice of dismissal.
Certain groups of employees, such as works council members,
disabled employees, pregnant women, and employees on paren-
tal leave have special protection against dismissal.
If a works council (Betriebsrat) exists, it has to be involved be-
fore every dismissal, even though the works council’s response
does not bind the employer. Termination without proper hearing
of the works council is ineffective.
EU Forecast
euf:ba.18g:161/nws-01