Employment
Dismissal protection, works councils and codetermination
In establishments with more than ten employees, dismissal requires a socially justified reason relating to conduct, capability or operational needs, and the works council must be heard.
Key rules
- 24 working days of paid leave minimum on a six-day week, commonly 25-30 by agreement.
- A dismissal protection claim must be filed with the labour court within three weeks.
- Works councils have genuine codetermination rights over working time and internal transfers.
Governing law
- KündigungsschutzgesetzDismissal protection
- BetriebsverfassungsgesetzWorks constitution
- Bürgerliches Gesetzbuch §§ 611-630Service contracts
Penalties and consequences
- Reinstatement, or a settlement typically around half a month's salary per year of service
In practice
Most dismissal cases settle at the first conciliation hearing. The three-week deadline is absolute: missing it forfeits the claim regardless of merit.