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Hiring and firing—known in German law as "Einstellung und Kündigung"—are regulated by a comprehensive set of employment laws that apply throughout Germany, including in Landau. These laws protect workers’ rights while also outlining employers' obligations. Whether you are an employer seeking to hire or dismiss employees, or an employee facing workplace changes, understanding these legal parameters is essential to ensure fair and lawful processes.
There are several situations where seeking legal advice is crucial in hiring and firing matters:
Lawyers can help clarify legal obligations, draft or review contracts, and represent clients in court or negotiation proceedings.
In Landau, as in the rest of Germany, employment is governed by both federal law and local regulations. Some of the most relevant legal sources include:
Terminations generally must be justified and follow proper notice periods unless during a probationary period. Special protection exists for certain groups such as pregnant women, severely disabled persons, and employees on parental leave. Collective employment law, including works councils (Betriebsrat), often plays a significant role in larger workplaces.
Dismissals in Germany typically require a valid reason, which can be personal (e.g., long-term illness), behavioral (e.g., misconduct), or operational (e.g., downsizing). Employers must clearly justify the reason for dismissal and often must provide evidence.
The minimum notice period is generally four weeks to the 15th or end of a month, but can be longer depending on length of employment or stipulations in the employment contract or collective agreement.
Yes, during the usual six-month probation period, employment can generally be terminated with a shorter notice period (usually two weeks) and without stating a detailed reason.
Wrongful dismissal, or "unwirksame Kündigung," occurs when an employer fails to meet legal requirements for termination. This could be due to lack of justification, failure to follow procedure, or dismissing protected employees without proper cause or approval.
There is no automatic entitlement to severance (Abfindung) in Germany unless outlined in a social compensation plan, collective agreement, or court settlement. However, severance is common in negotiated settlements.
Pregnant employees and those on parental leave are protected from dismissal and enjoy special workplace rights. Employers cannot fire pregnant workers from pregnancy notification until four months after birth, unless in rare, approved cases.
Employers must adhere to anti-discrimination laws throughout the hiring process, provide clear terms of employment, and comply with contract law. Certain questions and requests (medical, personal details) are restricted by privacy and anti-discrimination statutes.
No, employers can request a doctor’s note for prolonged absences but cannot ask for specific medical diagnoses, in order to protect employee privacy.
In workplaces with a works council (Betriebsrat), the council must be consulted and can object to dismissals and certain hiring or personnel decisions, offering significant employee protections.
Lawyers provide advice on the strength of your case, help mediate or negotiate settlements, prepare legal documents, and represent you in labor court (Arbeitsgericht) if necessary.
If you need further information or support, you may contact:
If you are facing a hiring or firing situation and believe legal help is needed:
Taking proactive legal advice ensures your rights are protected and can often help resolve disputes amicably and efficiently.
