What is the employment law matter about?
The first question is whether the German Protection Against Dismissal Act (Kündigungsschutzgesetz) applies. Court review may nevertheless be appropriate even where that Act does not apply. This may be the case, for example, with summary dismissal, an incorrectly calculated notice period or other legal defects in the dismissal.
Employment law questions do not arise only when a dismissal is issued. A warning, termination agreement, outstanding wage or salary claims, disputes about holiday entitlement or an employment reference, and the validity of a fixed-term contract may also give rise to legal disputes.
In the case of a termination agreement or another consensual ending of the employment relationship, the termination date, severance payment, release from work, remaining holiday entitlement and the employment reference may all be relevant. Possible effects on unemployment benefit, in particular the risk of a benefit suspension period, should also be considered.
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1 Received a dismissal – what now? Three-week period, receipt of the dismissal and unfair dismissal claim
After receipt of a notice of dismissal, the short three-week period for bringing an unfair dismissal claim generally has to be observed. It should therefore be clarified as early as possible when the dismissal was received and what steps are now required.
The dismissal letter, employment contract and – where available – warnings or other letters from the employer are particularly relevant for our review.
2 Ordinary or summary dismissal Grounds for dismissal, notice period and possible legal defects
The first question is whether the German Protection Against Dismissal Act (Kündigungsschutzgesetz) applies. A dismissal can, however, also be legally challengeable outside its scope.
This applies in particular to summary dismissals, incorrectly calculated notice periods or other legal defects. The specific dismissal and the actual circumstances of the employment relationship are decisive.
3 Termination agreement and severance pay Termination date, release from work, holiday, reference and possible benefit suspension
A termination agreement should not be signed hastily. In addition to the termination date, the amount of any severance payment, release from work, outstanding holiday entitlement and the employment reference may be relevant.
Possible consequences for unemployment benefit should also be taken into account. A legal and financial overall assessment is therefore advisable before signing.
4 Warning Significance of the warning and possible response
A warning can be of considerable importance for the future course of an employment relationship, particularly if a dismissal is later issued.
Whether and how a warning should be challenged or answered depends on its content, the allegations on which it is based and the further development of the employment relationship.
5 Wages, salary and holiday Outstanding remuneration and holiday claims
Disputes may also concern outstanding wages or salary, other remuneration components or holiday entitlement.
When the employment relationship ends, it may also be necessary to examine whether claims remain outstanding and which deadlines apply to asserting them.
6 Employment reference and fixed-term contract Reference content, correction and fixed-term employment
Disputes about an employment reference may concern its content, wording or correction. Clarification may therefore still be required after the employment relationship has ended.
For fixed-term employment relationships, it must be examined whether the agreed fixed term is valid and whether further action is required.
7 Unemployment benefit and suspension period Possible consequences of a dismissal or termination agreement
An early review may also be important because of possible consequences under unemployment insurance law. This is particularly relevant to termination agreements and other agreements concerning the end of the employment relationship.
The aim is to identify possible disadvantages in receiving unemployment benefit – for example the risk of a suspension period – in good time and to take them into account in the employment-law strategy.
Employment Law in Dortmund – would you like to discuss your matter?
Briefly tell us what the matter is about and send us the available documents, in particular the dismissal, employment contract or other letters from the employer. We will tell you which additional documents we need.