Labour Contract Notice and Protection
It is not permissible just to tell somebody that they are sacked, they must also be informed in writing. An employee is generally protected against dismissal in accordance with the Protection Against Dismissal Act ("Kündigungsschutzgesetz") if the employee-employer relationship has lasted for more than 6 months and if more than 10 employees are employed in the company (this does not include trainees; part-time workers are considered on a proportional basis). The Protection Against Dismissal Act requires that the dismissal is socially justified, i.e. it must be justified by the conduct or behaviour of the employee or as a result of urgent operational requirements.
If there is a "Betriebsrat" in the company, it must be consulted before anyone is given notice of dismissal. Any notice of dismissal that is given without the "Betriebsrat" being consulted is invalid. Under certain conditions it is possible for the "Betriebsrat" to veto the dismissal.
If the employee wishes to prevent a dismissal notice from taking effect, he or she must file a suit at the responsible labour court within three weeks of receiving written notice of dismissal.
Special protection against dismissal is enjoyed, for example, by women during pregnancy and up to four months after giving birth as well as by trainees and severely handicapped people. It is generally forbidden for these employees to be dismissed. It is only possible in exceptional circumstances if the employer has received prior approval from state authorities. The "Betriebsrat" or the trade unions can provide you with more information.
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