Certain groups of workers enjoy a so -called special protection against termination in the world of work. But who applies to this special protection against termination – and when?
Special protection against termination concerns many different groups of employees. However, the legal requirements for this are not summarized in a single paragraph or law, but can be found in a wide variety of laws.
Which employees do the special protection against termination apply?
The special protection against dismissal primarily affects severely disabled workers, pregnant women, works councils, but also trainees and employees who take care of or apply for nursing time.
The reason for the introduction of a special protection against termination is that groups listed above are considered particularly worthy of protection and should therefore be kept more than other employees.
According to Section 23 (1) sentence 3 KSchG, the general prerequisite for the applicability of the protection against dismissal is that more than ten employees are generally employed in the company. In addition, the employment relationship must have existed in the same company or company for more than six months.
However, a special feature must be pointed out at this point, because different hurdles have to be used in the protection of dismissal, each of these hurdles exists regardless of the others. So it may be that a termination does not violate the special protection against termination and still cannot be brought in accordance with general protection against dismissal, which nevertheless becomes ineffective.
When does the special protection against termination for employees apply?
As already mentioned, severely disabled people have special protection against termination. According to § 168 SGB IX, they may only be terminated if the integration office has approved the termination. However, the severe disability must be recognized or the application for recognition must have been made at least three weeks before the termination.
Pregnant women are also particularly protected in the world of work. This protection applies according to §9 MuSchG from the beginning of pregnancy up to four months after childbirth. The enforcement of termination is particularly difficult if employers have already been informed about pregnancy or are informed about it within two weeks of the termination.
If a parent is on parental leave after birth, special protection against dismissal is also taking effect here. For this reason, termination is excluded by the end of parental leave. In addition, this protection applies from the time of the application, but at most eight weeks before the start of parental leave.
Special protection against termination of works council members
Protection against dismissal applies to members of the works council. This generally includes works councils, staff councils and members of a youth and trainee representative. These may not be terminated during their term or up to a year after their term.
However, extraordinary termination remains possible if there is a valid reason. In this case, the works council must give its consent.
Applicants are also under the protection of the special termination of a company. They are protected both until the results are announced and up to six months after the end of the election.
Special protection against termination of trainees
Trainees also have special protection against termination. They may no longer be terminated properly after the trial period. However, extraordinary termination is still possible. The other way around, the trainee is able to issue a termination at any time and thus end the training relationship.
Editor finance.net