Who Enjoys Special Protections Against Dismissal In Germany?

• Published date: 26 March 2024
• Law Firm: Littler Mendelson
• Author: Ms Kim Kleinert

German labor law is known beyond its borders for its far-reaching protection against dismissals. It may be common knowledge that if an employee has been employed for more than six months and there are over 10 employees regularly employed in the employer's business, any dismissal requires a justifiable reason for dismissal. Many employers'especially foreign employers'are not aware, however, that no ordinary dismissal is possible at all (even if only temporarily) for certain groups of employees or that such dismissal is permitted only under certain conditions, e.g., with the approval of certain authorities.

What special protections against dismissal are there in Germany?

German law provides for a variety of special protections against dismissal. The most relevant for employers in practice relate to the following groups of employees:

• Members of an employee representative body enjoy special protection against dismissal for varying periods of time. This includes members of the works council and trainee representatives as well as their deputies under further conditions In addition, members of the election committee, election candidates and (limited in time and number) employees who invite employees to a works or election meeting in accordance with Section 15 of the Protection Against Dismissal Act ("KSchG") are protected against ordinary dismissals. The same applies to representatives of severely disabled employees (Section 179 para. 3 sentence 1 SGB IX). However, German labor law does not provide for special protection against dismissal for members of the supervisory board.
• Severely disabled persons (and those with equivalent status) also enjoy special protection against dismissal in accordance with Section 168 SGB IX.
• Pregnant employees enjoy special protection against dismissal. Affected employees can also notify the employer of their pregnancy up to two weeks after receiving notice of termination. Employees on maternity leave also enjoy special protection against dismissal until at least four months after giving birth.
• Protection against dismissal during parental or carer's leave is granted in accordance with Section 18 of the Federal Parental Allowance and Parental Leave Act ("BEEG") and in the case of (family) carer's leave in accordance with Section 5 the Caregiving Leave Act ("PflegeZG"), as a rule from the time the application for leave is submitted.
• In the context of reorganizations, employers should also take into account any protection against...