Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Germany - 2017
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- Protection against Dismissal Act [PADA], 1969, as last amended in July 2017
(Kündigungsschutzgesetz - available in German only)
Date: 21 Jul 2017; view website » (view in NATLEX »)
- Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
Date: 20 Jul 2017; view website » (view in NATLEX »)
- Works Constitution Act [WCA], 2001 as amended up until July 2017
Date: 17 Jul 2017; view website »
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation shall not exceed 12 months' wages.
- up to 15 month's wages for workers aged over 50 and with at least 15 years of service,
- up to 18 months for workers aged over 55 and with at least 20 years of service
Reinstatement available: Yes
- If the Court finds that the dismissal lacks social justification, it will declare it void and therefore the employment relationship continues. However, it can be dissolved upon request of either party when continuation of employment is no longer tolerable. In such cases, the Court will award compensation (sec. 9 PADA).
Preliminary mandatory conciliation: Yes
- Sec. 54 (1) PADA: preliminary conciliation before the Labour Court should take place within two weeks after the application has been filed.
Competent court(s) / tribunal(s): labour court
- Sec. 4 PADA and sec. 2 of the Federal Labour Court Act , 1953 (as last amended in 2013).
Existing arbitration: No
Length of procedure: 2.6 month(s)
- Figures for 2016: they correspond to the average total length of procedure before the States (Länder) Labour Courts (first instance) for dismissal cases in Germany.
The average duration of appeal proceedings is 6.5 months
Statistiches Bundesamt, destatis (Federal Statistic Office), Rechtspflege - Arbeitsgerichte 2016, Fachserie 10 Reihe 2.8, 2017, p. 47 and 89.
% of dismissals out of the total number of disputes: 53.1 %
- Figure for 2016 = % of dismissal cases out of all labour disputes in Germany (States Labour Courts).
Statistiches Bundesamt, destatis (Federal Statistic Office), Rechtspflege - Arbeitsgerichte 2016, Fachserie 10 Reihe 2.8, 2017 p. 45 and 47. Link provided below under "scope of additional information".