Working End > Dismissal > Employment Protection

Employment Protection: Rules and Regulations

Employment protection is regulated in the Employment Protection Act. In it, the regulations are defined about when and how notice can be given. Employment protection generally allows giving notice yet makes it more difficult and promotes company, behaviour and person-related reasons.

The prerequisite for the applicability is, however, that the employees – including part-time workers and mini-jobbers – have been working in the company for at least 6 months and the company has more than 5 employees (or 10 who have been working there since 1^st January 2004). The managing director in contrast to executives enjoys no protection as he is explicitly excluded due to his being the legal representative of a legal entity. The Employment Protection Act does not apply in companies with fewer than 5 employees. In the case of a company being passed over to a new owner, thus a change of owner, employment protection of one year generally applies.

The following enjoy special protection by law

• Mothers-to-be or women on maternal leave
  Complete employment protection during pregnancy and the first four months after giving birth. A doctor's note must be presented as proof. 2 weeks after receiving notice at the latest, the employer is to be informed about the pregnancy. If no doctor's note is presented or the employer informed, there is the danger of losing protection
• Employees during parental leave
• Severely disabled persons
  The disability or the equality to disabled persons must be proven by the time of receiving notice. To prove this, an assessment on the degree of disability of at least 50% issued by the pension office or the responsible authority must be presented to the employer. Notice requires previous authorisation from the integration authority
• Military or civil service selectees
  As soon as the call-up papers have arrived and during military or civil service, it is not possible to give notice
• Members of the employee organisation and representatives of the severely disabled
  They are under employment protection up to one year after conclusion of their term of office
• Members of youth or training representations
• Trainees
  It is possible to dismiss during the probationary period without notice. After that, only due to important reasons without adhering to the term or by the trainee with 4 weeks' notice

• Check whether there is a legal reason to give notice and whether employment protection applies in your case
• Clarify whether there was a hearing if there is an employee organisation
• If you regard the dismissal as unjustified, you can file for employment protection proceedings at the Employment Tribunal within 3 weeks of receipt
• Is a dismissal declared ineffective, continuation of employment is possibly unreasonable. You can possibly make a claim for compensation