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...