Labour Law and Protection | HEUSER RECHT UND STEUERN
www.heuser.de • 03
Anti-
Dismissal
Act
Terminations are a delicate issue. It is,
therefore, all the more important for
employers that this procedure is legally
certain and will not be followed by labour
court proceedings. All terminations must
be executed in writing and include the
reason(s) for the dismissal. In case there
is a works council, it must furthermore
be consulted.
The German Anti-Dismissal Act protects
employees from unjustifi ed dismissals.
Especially - but not only - in companies
which employ more than 10 people fulltime,
there are strict legal requirements.
Furthermore, notice periods for
terminations must be met. Legal regulations
stipulate diff erent periods
dependent on the time of employment.
2018 employees brought 173,096 cases
before the respective Labour Courts,
claiming unfair dismissal. Although
most cases are concluded within six
months, some can take much longer and
cost a lot of money. That’s one reason,
why about half of the cases end with
a settlement and - in many cases - a
severance pay.
Please fi nd more details and explanations
on this matter in our E-Journal
“Terminations”.