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

Germany - Source and scope of regulations



References
NOTE: This information has changed since the previous period covered.
  • 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
    (Bürgerliches Gesetzbuch)
    Date: 20 Jul 2017; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until July 2017
    (Betriebsverfassungsgesetz)
    Date: 17 Jul 2017; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
NOTE: This information has changed since the previous period covered.
  • Protection against Dismissal Act [PADA], 1969, as last amended in April 2013
    (Kündigungsschutzgesetz - available in German only)
    Date: 24 Apr 2013; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 24 May 2016; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until December 2016
    (Betriebsverfassungsgesetz)
    Date: 23 Dec 2016; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
NOTE: This information has changed since the previous period covered.
  • Protection against Dismissal Act [PADA], 1969, as last amended in April 2013
    (Kündigungsschutzgesetz - available in German only)
    Date: 24 Apr 2013; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 20 Nov 2015; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until April 20 2013
    (Betriebsverfassungsgesetz)
    Date: 20 Apr 2013; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
NOTE: This information has changed since the previous period covered.
  • Protection against Dismissal Act [PADA], 1969, as last amended in April 2013
    (Kündigungsschutzgesetz - available in German only)
    Date: 24 Apr 2013; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 22 Jul 2014; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until April 20 2013
    (Betriebsverfassungsgesetz)
    Date: 20 Apr 2013; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
NOTE: This information has changed since the previous period covered.
  • Protection against Dismissal Act [PADA], 1969, as last amended in April 2013
    (Kündigungsschutzgesetz - available in German only)
    Date: 24 Apr 2013; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 01 Oct 2013; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until April 20 2013
    (Betriebsverfassungsgesetz)
    Date: 20 Apr 2013; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
  • Protection against Dismissal Act [PADA], 1969, as last amended in March 2008
    (Kündigungsschutzgesetz - available in German only)
    Date: 26 Mar 2008; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 04 Jul 2008; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until 2003
    (Betriebsverfassungsgesetz)
    Date: 23 Dec 2003; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
  • Protection against Dismissal Act [PADA], 1969, as last amended in March 2008
    (Kündigungsschutzgesetz - available in German only)
    Date: 26 Mar 2008; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 04 Jul 2008; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until 2003
    (Betriebsverfassungsgesetz)
    Date: 23 Dec 2003; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
  • Protection against Dismissal Act [PADA], 1969, as last amended in March 2008
    (Kündigungsschutzgesetz - available in German only)
    Date: 26 Mar 2008; view website » (view in NATLEX »)
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 04 Jul 2008; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until 2003
    (Betriebsverfassungsgesetz)
    Date: 23 Dec 2003; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).


References
  • Protection against Dismissal Act [PADA], 1969, as last amended in March 2008
    (Kündigungsschutzgesetz - available in German only)
    Date: 26 Mar 2008; view website »
  • Civil Code [CC], art. 611-630, 2002 (new version), as subsequently amended
    (Bürgerliches Gesetzbuch)
    Date: 04 Jul 2008; view website » (view in NATLEX »)
  • Works Constitution Act [WCA], 2001 as amended up until 2003
    (Betriebsverfassungsgesetz)
    Date: 23 Dec 2003; view website »
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

    The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

    Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).

Workers' categories excluded: civil/public servants; army; managerial / executive positions; seafarers
Remarks:
  • See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
    - Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
    The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
    Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).