Making protection against dismissal legally secure
Protection against dismissal is at the heart of individual employment law. Employment-promoting labour law requires calculable, legally secure and flexible regulations for the termination of employment relationships.
Germany now has the strictest employment protection provisions for permanent employment relationships in the OECD (OECD, Employment Outlook 2013; OECD, Employment Protection Database, 2013). The Employment Protection Act (Kündigungsschutzgesetz) is a barrier to employment that makes it difficult for low-skilled workers or special groups of workers to participate in the labour market (OECD, Employment Outlook 2015, p. 139).
More flexibility through severance option
Further develop the right of termination
- The preconditions for notices of change must be designed in a calculable manner. An adjustment of working conditions through a change notice can be a contribution to maintaining the job and thus securing existing employment relationships.
- The procedure for the dismissal of a severely disabled person must be legally secure. The special protection against dismissal should therefore only apply once the severely disabled person's ID card has been presented to the employer. In addition, it is mandatory that the integration offices must decide within one month whether they agree to the dismissal. The characteristic of severe disability should not be taken into account separately in the context of social selection. Severely disabled employees are already adequately protected by the special protection against dismissal provided for in Book IX of the Social Code and the requirement for approval by the integration office provided for therein.
- It should be clarified in the Works Constitution Act that only the complete failure to consult the works council leads to the invalidity of the dismissal. It must be possible for the employer to provide the works council with information retrospectively, even in the context of proceedings for protection against dismissal.
- The default of acceptance must be newly regulated. For this purpose, a regulation is suitable according to which the claim for default wages expires insofar as the validity of the termination is confirmed in the course of appeal.
- The existence of a justified employer interest in maintaining the personnel structure (Sec. 1 (3) Sentence 2 KSchG) should be indicated if the total number of dismissals in all comparison groups in relation to the total workforce of the establishment reaches the threshold value of Sec. 17 (1) KSchG.