Dismissal protection describes the legal mechanisms that shield employees from unjustified or unlawful terminations. Central is the German Dismissal Protection Act (KSchG): it applies in companies with more than ten full-time employees and after at least six months of employment. In its scope, dismissals are only valid for operational, behaviour- or person-related reasons.
Alongside general dismissal protection, there is special dismissal protection: for pregnant employees, those on parental leave, persons with severe disability, employees on care leave and works-council members. In these cases, dismissals are only possible in exceptional circumstances and with regulatory approval.
Anyone receiving a dismissal must file a dismissal-protection lawsuit within three weeks, otherwise the dismissal is deemed valid. Court proceedings often end in settlements with severance – the amount depends on tenure, age and individual circumstances.
Lunigi delivers continuous curated alternative roles that are available in case of crisis – an important safety net for candidates.