Correct termination - termination rights for employers

Preparation of the termination

• Special protection against dismissal (e.g. severe disability, pregnancy, parental leave, works council, data protection officer).

• Extraordinary termination:
  • Important reason (e.g. insult, threat, working time fraud, feigned illness, leave of absence).
  • Weighing of interests/proportionality.
  • Termination notice period, Section 626 (2) BGB.

• Dismissal in accordance with the Dismissal Protection Act:
  • Scope of application.

• Behavioral reasons:
  • Conduct-related reason for termination.
  • Previous Warning letter - Correctly formulated and usable?
  • Weighing of interests/proportionality.
  • Employee surveillance vs. prohibition of use of evidence in unfair dismissal proceedings.
  • Special case: Suspicious dismissal.

• Personal reasons:
  • Illness.
  • Low performance.
  • Avoid stumbling blocks in the BEM.

• Operational reasons:
  • Corporate decision.
  • Loss of employment opportunity.
  • Social justification.
  • Social selection, especially in the case of pension proximity.
  • Mass dismissal.

• Notice of termination.

• Hearing of the works council/hearing of the representative body for severely disabled employees:
  • Hearing.
  • Reaction options of the BR.
  • Consultation procedure in the event of collective redundancies, Section 17 (2) KSchG.

• Notice of termination and receipt of the notice of termination:
  • Written form.
  • Content Termination.
  • Correct calculation of the notice period.
  • Correctly organize receipt of the notice of termination.

• Termination agreement as an alternative to dismissal:
  • Current BAG case law on the requirement of fair negotiation.
  • Basic features of the content of a termination agreement.

Enforcement of the termination

• Strategy for the dismissal protection process.
• Process tactical tips.