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Hiring and firing-also known as "employment termination"-are regulated by strict laws in Giessen, Germany, as part of Germany’s broader employment law system. The rules governing how employees are engaged and dismissed aim to provide protection for both employers and employees. This framework ensures that contractual obligations are met, employee rights are safeguarded, and the process is fair and transparent. Local businesses, organizations, and workers in Giessen must adhere to these national regulations, alongside any collective bargaining agreements or local statutes that might apply.
Legal issues related to hiring and firing often arise due to misunderstandings, disputes, or the complexity of German labor law. You may need a lawyer in common situations such as:
A lawyer can clarify your rights, help negotiate settlements, represent you in court or before labor tribunals (Arbeitsgericht), and ensure that procedures are followed lawfully to avoid penalties or legal liabilities.
The main pillars of hiring and firing law in Giessen, as part of Germany, are defined by the Kündigungsschutzgesetz (Employment Protection Act), Bürgerliches Gesetzbuch (Civil Code), and a host of other statutes. Some key aspects include:
The probation period, usually up to six months, allows both employer and employee to test the working relationship. During this time, the notice period for termination is typically two weeks, and it's easier for either party to end the contract without extensive justification.
While verbal contracts are technically valid, German law strongly recommends (and customarily requires) a written employment contract to clearly outline both parties' rights and obligations.
After six months and if the business has more than ten employees, terminations require valid justifications (personal, behavioral, or operational). Without a justified reason, a dismissal can be legally challenged.
The standard notice period is four weeks to either the 15th or the end of a calendar month, but this can be longer for employees with longer tenure or according to contractual arrangements.
Pregnant employees, people on parental leave, severely disabled persons, and works council members are all protected by additional employment laws, making dismissals in these groups more complex and often requiring governmental approval.
Seek legal advice immediately. You only have three weeks from the receipt of the dismissal notice to challenge it in the local Labor Court (Arbeitsgericht).
There's no automatic right to severance pay unless specified in your contract, collective agreements, or if negotiated during termination proceedings. Sometimes, redundancy situations can trigger statutory or agreed severance.
Yes, but only if personal reasons (such as long-term illness) make it impossible to continue the employment relationship. The reasons must be compelling and properly documented.
Yes, dismissals for "operational reasons" (betriebsbedingte Kündigung) are permitted, but the employer must show genuine business necessity and often must follow a social selection process.
In companies with a works council (Betriebsrat), the employer must inform and consult the council before dismissals. The works council can object, and while their objection does not stop the dismissal, it may trigger additional review.
For further assistance, consider the following resources in Giessen and Germany:
If you believe you need legal assistance regarding a hiring or firing issue in Giessen, Germany, you should:
By taking these steps, you can protect your interests and ensure that procedures are properly followed under German employment law.
