Tag archives: Protection against dismissal

What is the latest on employees’ rights in the event of redundancy in Germany?

In business, the restructuring of a company (such as by the closure of an individual business unit or a necessary reduction in the number of staff) may result in an employee’s redundancy. However, dismissing an employee by reason of redundancy has strict prerequisites under German law.

The main requirements which must be observed under German law for a dismissal based on redundancy are as follows:

  • In business units with more than ten employees (more than five if hired before 31 December 2003), and if an employee has been at the company for more than six months, a specific justification for
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The dismissal of a protected employee may be cancelled even in the absence of protection at the time of the dismissal

The legal context

French employment law offers specific protection to employees’ representatives, for example staff delegates or members of the works council. Such protection exists in order to provide a safeguard against the employer inhibiting the representative from performing his/her duties. In this context, the main aspect of this protection is a requirement that a specific procedure be complied with in the event the employer wishes to terminate the employment of a protected employee.

More particularly, if an employer is to dismiss such an employee, it must follow a specific procedure which includes the holding of a pre-dismissal meeting with … Continue Reading

Annual leave and employee’s protection following her maternity leave

The legal context

French employment law provides for comprehensive and extensive protection of pregnant employees. In particular, the dismissal of employees is absolutely prohibited during maternity leave; and is prohibited during pregnancy or for employees having just returned to work following maternity leave (within four weeks following the end of maternity leave) except in case of gross misconduct or impossibility to maintain the employment contract for a reason unrelated to the pregnancy or to the employee’s behavior. Any dismissal notified in violation of such protection will be deemed as null and void.

It is common practice in France for employees … Continue Reading