The dismissal protection process

This is followed by a conciliation hearing before the labor court within two weeks of the filing of the action for protection against dismissal, which is intended to bring about an amicable settlement between the two sides. The aim is therefore to end the legal dispute at this stage and to reach an amicable settlement without further hearings. Under no circumstances will a final decision be made on the validity of the termination or a judgment pronounced at the conciliation hearing.

The chairperson listens to the arguments of both parties and gives an initial assessment or explains the risks of the dismissal protection proceedings with the employer and the employee. In this way, he or she shows approximately what the chances of success of the further proceedings might be. However, the court does not make any binding determination about the further course and outcome of the legal dispute. It is often the case that a settlement is already reached at the hearing and the proceedings are already terminated at this point.

A common mistake made by employers is inadequate preparation for the conciliation hearing. Good reasons for termination should also be presented as quickly as possible. This reduces the chances that the judge will propose a very high severance payment as a settlement. Preparation also includes the employer already being able to say in court what the terminated employee has earned gross, what is in the reference and how many vacation days are still outstanding. All of this plays a role in the question of what severance pay the employer can offer.

Conduct during the conciliation hearing: First of all, keep calm. Neither expressions of displeasure nor a display of satisfaction make a good impression. Under no circumstances should statements be interrupted. Even if the court has completely misunderstood a point and presents it in this way, nothing should be rushed.

Instead, it is advisable to note everything down first and only ask for some comments to be added after the remarks have been made. In addition, it is important to know that it ultimately depends on the personal impression of the judge in which direction the court increases the pressure.