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By protection against dismissal one understands legally specified regulations, by which the notice of a contract are prevented or made more difficult.
Protection against dismissal finds particularly in the renting, insurance contract and industrial law application. The moreover the family right (marriage right) can be regarded than "protection against dismissal, be represented there also here personal, behavior-moderate and actual reasons (separation over one year and/or over 5 years) the condition for "the notice".
Protection against dismissal in the German industrial law
Legal regulations
Protection against dismissal-legal regulations were scattered in numerous laws and continued to develop particularly by the extensive iurisdiction. The extensive advancement been based above all on it that an employee has the possibility of changing its job however it has to quit from exceptions refrained, no possibility conditions of employment on its part without losing thereby its requirement on social security benefits. The possibility of the notice of conditions of employment remains reserving the employer. So that the employer does not make all too often and all too obviously from this possibility use, the legal protection against dismissal regulations had to be developed always further. The legal protection against dismissal regulations are supplemented if necessary by numerous tariff-contractual regulations and also singlecontractual regulations. The protection against dismissal covers regulations, those
- for the utterance of a notice intended forms (writing in accordance with "§ 623 BGB) or periods (two weeks after knowledge of the contract offence for the cancellation without notice in accordance with "§ 626 exp. 2 BGB) require;
- from the utterance of the notice up to the completion of the employer-employee relationship plan the observance of minimum periods (see terms of notice in the industrial law);
- in principle the free notice possibility for the employer thereby limit that only certain reasons can justify a notice (here particularly by the regulations of the protection against dismissal act [1]);
- in enterprises with work council (in the public service: Personnel council, within the church range: On participation of the work council before utterance of a notice make coworker agency) the notice dependent for a normal (v.a. "§ 102 BetrVG [2]);
- a notice of certain persons or employee with certain functions generally forbids or on the permission of a national authority or the agreement of the work council makes dependent (so mentioned "special protection against dismissal");
- a notice from certain cause forbid (e.g. notice because of operating transition, see "§ 613a BGB) or because of a certain motive (e.g. massregelungsverbot in accordance with "§ 612a BGB).
- the selection of the coworkers with operational notices, who can be quit, prescribe. (the so-called social selection)
Argumentation
Per protection against dismissal
- Social position: To be protected is the Contracting Party concerned by a notice more strongly. Thus a social security for regulated working premises is guaranteed.
- A more long-term plan barness and a larger social stability develop for both sides (employers such as employees).
- With stable contractual relations the employers have a larger interest to invest into vocational advanced training of the coworkers. Altogether from this a larger offer at qualified workers results.
- The legal terms of notice offer to more highly more time qualified employees to find for their qualifications fitting places. Thus the economic utilization of the existing talent pool is improved.
- A job Hopping of the employee is avoided thereby. The employee loses by job switchings for at least 6 months its possession condition protection. Thereby a fast change is effectively avoided to the highest bidder and the average wage level over the low Tarifniveau is kept only insignificant.
- Coworkers can be held and not moved in the work contract into a more highly endowed work contract relationship (so-called "free coworker", Consultant,"
) off. Further advantages of the work contract in relation to the work contract except an adhesion obligation take offable by insurance are not well-known me.
Versus protection against dismissal
- Enterprises wait longer with attitudes to these unavoidable are and/or to a more favourable chance risk relationship are given (risks here e.g. continued employment obligation despite worsened situation concerning orders; on the other hand risk of the of the market potential with too few (or overloaded) coworkers). This leads to higher unemployment.
- Protection against dismissal as location factor: Multinational enterprises could create possibly rather in states with small protection against dismissal places as in states with high protection against dismissal.
- Protection against dismissal leads older employees to the refusal of the enterprises to adjust, since due to the social selection older employees will only very with difficulty again dismiss to be able. Something similar applies during the attitude of women at age capable of child-bearing.
- The average duration of unemployment for the particular rises, while in countries without protection against dismissal after a dismissal also relatively fast again an attitude takes place. The load of unemployment for the particular is thus higher.
Protection against dismissal in the German rental law
1.)Also here must be present personal (break of the bond of trust - here already by education of a tenant advice), behavior-moderate reasons for extraordinary notice and need reasons (internal requirement, utilization) for tidy notice.
2.)Further the tenant can appoint itself to the social clause, if health endangerment or homelessness threatens by the notice, or by a handicap suitable barrier-free spare dwelling is not available. Here the interest of landlord priority, there a right to property, granted the Basic Law not however a right to shelter. Different conceivable law changes would be condition discotheque form and by the Federal Constitutional Court were thus taken the money.
3.)With housing scarceness or difficulty during the spare housing replacement each tenant - also not socially weak - can request one evacuation period in accordance with "§721 ZPO. Usually 3-7 months are granted additional to the term of notice after BGB. This lies however in the free discretion of the judge. A legal claim on a relevant evacuation period does not insist.
4.) In addition a protection against dismissal exists by insolvency since 1999 with the entry into force of the insolvency order, which there was not in the old Bankruptcy Code.
Protection against dismissal in the German insurance law
Here extraordinary reasons are certified for effective notice on the part of the insurer excluding: Payment in arrear and tried insurance fraud. Thus usually a notice of the contract is not possible for the insurer, i.e. here a complete protection against dismissal is present. Strange to say the complete protection against dismissal is present also with those insured, which could be released from the liability to insure and with an attractive offer on the free insurance market dealt.
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