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> GOVERNANCE - home > Employment protection legislation database - EPLex > Germany

Germany - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Sec. 623 CC

Notice period:
Remarks:
  • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
    The notice period should be at least 4 weeks and increases according to the length of service as follows:
    * 1 month, for at least 2 years of service;
    * 2 months, for at least 5 years of service;
    * 3 months, for at least 8 years of service;
    * 4 months, for at least 10 years of service;
    * 5 months, for at least 12 years of service;
    * 6 months, for at least 15 years of service;
    * 7 months, for at least 20 years of service.

    (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
    • tenure ≥ 6 months
      • 4 week(s).
    • tenure ≥ 9 months
      • 4 week(s).
    • tenure ≥ 2 years
      • 1 month(s).
    • tenure ≥ 4 years
      • 1 month(s).
    • tenure ≥ 5 years
      • 2 month(s).
    • tenure ≥ 10 years
      • 4 month(s).
    • tenure ≥ 20 years
      • 7 month(s).

    Pay in lieu of notice: No

    Notification to the public administration: No

    Remarks:
    • Except for pregnant women, employees on parental leave or disabled employees.

    Notification to workers' representatives: Yes

    Remarks:
    • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
      However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

    Approval by public administration or judicial bodies: No

    Remarks:
    • Except for pregnant women, employees on parental leave or disabled employees.

    Approval by workers' representatives: No

    Remarks:
    • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
      However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Sec. 623 CC

    Notice period:
    Remarks:
    • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
      The notice period should be at least 4 weeks and increases according to the length of service as follows:
      * 1 month, for at least 2 years of service;
      * 2 months, for at least 5 years of service;
      * 3 months, for at least 8 years of service;
      * 4 months, for at least 10 years of service;
      * 5 months, for at least 12 years of service;
      * 6 months, for at least 15 years of service;
      * 7 months, for at least 20 years of service.

      (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
      • tenure ≥ 6 months
        • 4 week(s).
      • tenure ≥ 9 months
        • 4 week(s).
      • tenure ≥ 2 years
        • 1 month(s).
      • tenure ≥ 4 years
        • 1 month(s).
      • tenure ≥ 5 years
        • 2 month(s).
      • tenure ≥ 10 years
        • 4 month(s).
      • tenure ≥ 20 years
        • 7 month(s).

      Pay in lieu of notice: No

      Notification to the public administration: No

      Remarks:
      • Except for pregnant women, employees on parental leave or disabled employees.

      Notification to workers' representatives: Yes

      Remarks:
      • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
        However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

      Approval by public administration or judicial bodies: No

      Remarks:
      • Except for pregnant women, employees on parental leave or disabled employees.

      Approval by workers' representatives: No

      Remarks:
      • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
        However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Sec. 623 CC

      Notice period:
      Remarks:
      • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
        The notice period should be at least 4 weeks and increases according to the length of service as follows:
        * 1 month, for at least 2 years of service;
        * 2 months, for at least 5 years of service;
        * 3 months, for at least 8 years of service;
        * 4 months, for at least 10 years of service;
        * 5 months, for at least 12 years of service;
        * 6 months, for at least 15 years of service;
        * 7 months, for at least 20 years of service.

        (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
        • tenure ≥ 6 months
          • 4 week(s).
        • tenure ≥ 9 months
          • 4 week(s).
        • tenure ≥ 2 years
          • 1 month(s).
        • tenure ≥ 4 years
          • 1 month(s).
        • tenure ≥ 5 years
          • 2 month(s).
        • tenure ≥ 10 years
          • 4 month(s).
        • tenure ≥ 20 years
          • 7 month(s).

        Pay in lieu of notice: No

        Notification to the public administration: No

        Remarks:
        • Except for pregnant women, employees on parental leave or disabled employees.

        Notification to workers' representatives: Yes

        Remarks:
        • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
          However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

        Approval by public administration or judicial bodies: No

        Remarks:
        • Except for pregnant women, employees on parental leave or disabled employees.

        Approval by workers' representatives: No

        Remarks:
        • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
          However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Sec. 623 CC

        Notice period:
        Remarks:
        • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
          The notice period should be at least 4 weeks and increases according to the length of service as follows:
          * 1 month, for at least 2 years of service;
          * 2 months, for at least 5 years of service;
          * 3 months, for at least 8 years of service;
          * 4 months, for at least 10 years of service;
          * 5 months, for at least 12 years of service;
          * 6 months, for at least 15 years of service;
          * 7 months, for at least 20 years of service.

          (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
          • tenure ≥ 6 months
            • 4 week(s).
          • tenure ≥ 9 months
            • 4 week(s).
          • tenure ≥ 2 years
            • 1 month(s).
          • tenure ≥ 4 years
            • 1 month(s).
          • tenure ≥ 5 years
            • 2 month(s).
          • tenure ≥ 10 years
            • 4 month(s).
          • tenure ≥ 20 years
            • 7 month(s).

          Pay in lieu of notice: No

          Notification to the public administration: No

          Remarks:
          • Except for pregnant women, employees on parental leave or disabled employees.

          Notification to workers' representatives: Yes

          Remarks:
          • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
            However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

          Approval by public administration or judicial bodies: No

          Remarks:
          • Except for pregnant women, employees on parental leave or disabled employees.

          Approval by workers' representatives: No

          Remarks:
          • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
            However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Sec. 623 CC

          Notice period:
          Remarks:
          • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
            The notice period should be at least 4 weeks and increases according to the length of service as follows:
            * 1 month, for at least 2 years of service;
            * 2 months, for at least 5 years of service;
            * 3 months, for at least 8 years of service;
            * 4 months, for at least 10 years of service;
            * 5 months, for at least 12 years of service;
            * 6 months, for at least 15 years of service;
            * 7 months, for at least 20 years of service.

            (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
            • tenure ≥ 6 months
              • 4 week(s).
            • tenure ≥ 9 months
              • 4 week(s).
            • tenure ≥ 2 years
              • 1 month(s).
            • tenure ≥ 4 years
              • 1 month(s).
            • tenure ≥ 5 years
              • 2 month(s).
            • tenure ≥ 10 years
              • 4 month(s).
            • tenure ≥ 20 years
              • 7 month(s).

            Pay in lieu of notice: No

            Notification to the public administration: No

            Remarks:
            • Except for pregnant women, employees on parental leave or disabled employees.

            Notification to workers' representatives: Yes

            Remarks:
            • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
              However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

            Approval by public administration or judicial bodies: No

            Remarks:
            • Except for pregnant women, employees on parental leave or disabled employees.

            Approval by workers' representatives: No

            Remarks:
            • Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
              However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Sec. 623 CC

            Notice period:
            Remarks:
            • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
              The notice period should be at least 4 weeks and increases according to the length of service as follows:
              * 1 month, for at least 2 years of service;
              * 2 months, for at least 5 years of service;
              * 3 months, for at least 8 years of service;
              * 4 months, for at least 10 years of service;
              * 5 months, for at least 12 years of service;
              * 6 months, for at least 15 years of service;
              * 7 months, for at least 20 years of service.

              (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
              • tenure ≥ 6 months
                • 4 week(s).
              • tenure ≥ 9 months
                • 4 week(s).
              • tenure ≥ 2 years
                • 1 month(s).
              • tenure ≥ 4 years
                • 1 month(s).
              • tenure ≥ 5 years
                • 2 month(s).
              • tenure ≥ 10 years
                • 4 month(s).
              • tenure ≥ 20 years
                • 7 month(s).

              Pay in lieu of notice: No

              Notification to the public administration: No

              Remarks:
              • Except for pregnant women, employees on parental leave or disabled employees.

              Notification to workers' representatives: Yes

              Remarks:
              • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

              Approval by public administration or judicial bodies: No

              Remarks:
              • Except for pregnant women, employees on parental leave or disabled employees.

              Approval by workers' representatives: No

              Remarks:
              • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Sec. 623 CC

              Notice period:
              Remarks:
              • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
                The notice period should be at least 4 weeks and increases according to the length of service as follows:
                * 1 month, for at least 2 years of service;
                * 2 months, for at least 5 years of service;
                * 3 months, for at least 8 years of service;
                * 4 months, for at least 10 years of service;
                * 5 months, for at least 12 years of service;
                * 6 months, for at least 15 years of service;
                * 7 months, for at least 20 years of service.

                (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
                • tenure ≥ 6 months
                  • 4 week(s).
                • tenure ≥ 9 months
                  • 4 week(s).
                • tenure ≥ 2 years
                  • 1 month(s).
                • tenure ≥ 4 years
                  • 1 month(s).
                • tenure ≥ 5 years
                  • 2 month(s).
                • tenure ≥ 10 years
                  • 4 month(s).
                • tenure ≥ 20 years
                  • 7 month(s).

                Pay in lieu of notice: No

                Notification to the public administration: No

                Remarks:
                • Except for pregnant women, employees on parental leave or disabled employees.

                Notification to workers' representatives: Yes

                Remarks:
                • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                  However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

                Approval by public administration or judicial bodies: No

                Remarks:
                • Except for pregnant women, employees on parental leave or disabled employees.

                Approval by workers' representatives: No

                Remarks:
                • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                  However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Sec. 623 CC

                Notice period:
                Remarks:
                • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
                  The notice period should be at least 4 weeks and increases according to the length of service as follows:
                  * 1 month, for at least 2 years of service;
                  * 2 months, for at least 5 years of service;
                  * 3 months, for at least 8 years of service;
                  * 4 months, for at least 10 years of service;
                  * 5 months, for at least 12 years of service;
                  * 6 months, for at least 15 years of service;
                  * 7 months, for at least 20 years of service.

                  (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
                  • tenure ≥ 6 months
                    • 4 week(s).
                  • tenure ≥ 9 months
                    • 4 week(s).
                  • tenure ≥ 2 years
                    • 1 month(s).
                  • tenure ≥ 4 years
                    • 1 month(s).
                  • tenure ≥ 5 years
                    • 2 month(s).
                  • tenure ≥ 10 years
                    • 4 month(s).
                  • tenure ≥ 20 years
                    • 7 month(s).

                  Pay in lieu of notice: No

                  Notification to the public administration: No

                  Remarks:
                  • Except for pregnant women, employees on parental leave or disabled employees.

                  Notification to workers' representatives: Yes

                  Remarks:
                  • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                    However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

                  Approval by public administration or judicial bodies: No

                  Remarks:
                  • Except for pregnant women, employees on parental leave or disabled employees.

                  Approval by workers' representatives: No

                  Remarks:
                  • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                    However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Sec. 623 CC

                  Notice period:
                  Remarks:
                  • Sec. 622 CC (applicable, unlike the PADA, to all cases of ordinary dismissals notwithstanding the size of the undertaking).
                    The notice period should be at least 4 weeks and increases according to the length of service as follows:
                    * 1 month, for at least 2 years of service;
                    * 2 months, for at least 5 years of service;
                    * 3 months, for at least 8 years of service;
                    * 4 months, for at least 10 years of service;
                    * 5 months, for at least 12 years of service;
                    * 6 months, for at least 15 years of service;
                    * 7 months, for at least 20 years of service.

                    (Note: during the probationary period (maximum 6 months), the notice period should be 2 weeks).
                    • tenure ≥ 6 months
                      • 4 week(s).
                    • tenure ≥ 9 months
                      • 4 week(s).
                    • tenure ≥ 2 years
                      • 1 month(s).
                    • tenure ≥ 4 years
                      • 1 month(s).
                    • tenure ≥ 5 years
                      • 2 month(s).
                    • tenure ≥ 10 years
                      • 4 month(s).
                    • tenure ≥ 20 years
                      • 7 month(s).

                    Pay in lieu of notice: No

                    Notification to the public administration: No

                    Remarks:
                    • Except for pregnant women, employees on parental leave or disabled employees.

                    Notification to workers' representatives: Yes

                    Remarks:
                    • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                      However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.

                    Approval by public administration or judicial bodies: No

                    Remarks:
                    • Except for pregnant women, employees on parental leave or disabled employees.

                    Approval by workers' representatives: No

                    Remarks:
                    • Sec. 102 Works Constitution Act 2001 (as last amended in 2003): the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.
                      However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council's objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.