You want to part ways with an employee, for operational reasons, because of their conduct or for reasons relating to their person. Success usually depends on the preparation.
What matters beforehand
- A dismissal requires written form with an original signature; email, messenger or scan are not sufficient.
- Receipt should be provable, for example by handing it over in front of witnesses or by messenger.
- A works council must be consulted beforehand; otherwise the dismissal is invalid.
- Special protection against dismissal, for example during pregnancy and parental leave, for severely disabled employees or for works council members, sometimes requires prior approval by an authority.
- For dismissals based on conduct, a prior formal warning is usually necessary; a dismissal without notice must be declared within two weeks of learning of the reasons.
- The employee has three weeks to file an unfair dismissal claim. A termination agreement can be a predictable alternative.
- The return of devices, documents and access as well as the protection of customer contacts and know-how belong in the planning.
Documents I need
- the employment contract with all amendments
- applicable collective agreements and works agreements
- formal warnings and evidence of the reasons for dismissal
- the number of employees and, for operational reasons, the social data of comparable employees
- whether there is a works council
Next steps
Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. How we work together and how fees are charged is explained under How we work together.
More: Employment law.
This page gives a general overview of German law and does not replace advice on the individual case.