Protection against dismissal

The action to protect against dismissal is the only way for the employee to defend himself against the dismissal of the employer. If the employer has given notice of dismissal, the employee must file a suit against dismissal protection within three weeks to assert ineffective grounds for the termination.

What are the objectives of a dismissal protection lawsuit?

Filing a dismissal protection lawsuit is the only way for an employee to have the court determine that a dismissal is ineffective. This enables the employee to be employed by the employer again. If there is no reason for termination, the termination is ineffective. The employee must assert this before the labor court with the dismissal protection suit. If the employee does not file a suit against dismissal protection, the dismissal is considered effective. The employee can then no longer claim grounds for ineffectiveness.

If the labor court upholds the dismissal protection lawsuit, it will determine that the termination has not effectively ended the employment relationship. As a result, the employee does not lose his right to payment of salary for the duration of the trial.

What are the deadlines for a protection against dismissal lawsuit?

The employee must file the suit against dismissal within three weeks of becoming aware of the dismissal. He is aware of the termination as soon as the letter with the termination has been handed over to him or the letter of termination has been inserted into the employee’s mailbox. The employer must be able to prove before the labor court when the employee is aware of the termination. If the employee culpably misses the deadline for filing a lawsuit, the employment relationship is deemed to have ended effectively. A later admission of the dismissal protection suit is only possible in exceptional cases.

Is the employee entitled to a severance payment for the dismissal protection lawsuit?

There is no legal right to a severance payment if the employee files an action against dismissal protection. There is only a claim to severance pay in the event that an operational termination was effective and this is confirmed by the labor court. A severance payment can also be concluded through a settlement before the labor court. In this comparison, the employee and the employer agree that the employment relationship will be terminated and the employee will receive compensation for the loss of their job.

Our law firm can represent you before the labor court in a dismissal protection lawsuit. We are looking for the optimal solution for you.