Labor law, termination, protection against dismissal
You have been terminated. What do you do now? File an action for unfair dismissal? But how? And how does the whole thing actually work?😖😭😞
1. you should first file an action for protection against dismissal within 3 weeks of termination. However, you must comply with the above-mentioned deadline, otherwise the termination is effective. This is the usual procedure according to the Dismissal Protection Act (KSchG).
2. subsequently, the labor court (ArbG) examines the termination.
3. most dismissal protection proceedings end with a settlement, whereby the employment relationship is usually terminated by mutual agreement with payment of a lavish severance package.
4. the labor court shall review the validity of the termination from all legal aspects, insofar as the plaintiff then invokes legally relevant grounds for invalidity. In this case, the law speaks of the "social justification" of the termination.
5. nevertheless, you should not take these steps on your own, but check with a lawyer and get advice according to your next actions.
Your law firm-Baumfalk