Rights Against Unfair Dismissal
By far one of the most important laws to understand if you believe you may have been unfairly dismissed from your role is Arbeitnehmererfindungsgesetz, or Act Against Unfair Dismissal.
This Act is one that is probably the most well known within the square of German Labor Law, and as it ensures that employees in companies with more than 10 employees are protected from unsubstantiated ordinary terminations. This law also does deal with tenant and landlord relations, however for the case of this article we’ll be focusing primarily on how it relates to employment.
When it comes to an ordinary termination, there are protections that come into play once you have passed your 6 month tenure at a company. For an ordinary termination to be valid, one of the following needs to be true:
Personal Reasons: this can include underperformance, fit for the role and extended period of absence due to sick leave resulting in an inability to complete their job.
Behavioral Reasons: this can include a breach or violation of their contractual obligations.
Operational Reasons: urgent restructuring or changes in the company that result in the cancellation of the position. The employer has to prove with this dismissal that there was sufficient work done to find another position within the company, they sufficiently considered social aspects like age, time of employment and social status. If these we
In the case of a dismissal based on personal or behavioral reasons, warnings need to be provided in a clear way to ensure the employee is aware of what needs to change in order for them to keep their role. This needs to be well documented, and if a company is challenged in court for their dismissal, they will have the burden of proving this. The exception for having a warning is if there is proof of a clear breach of contract that cannot be ignored.
For those that are severely disabled, a warning is also required, but there might be support and approval need with the Integrationsamt (the Integration office for disabled people).
If you would like to pursue an unfair dismissal lawsuit, you have three weeks from the date you were given notice. After this time period, the termination is deemed legally effective and you will not be able to sue.