Deadlines for Protection Against Unfair Dismissal: What deadlines must I observe in case of termination?

Do you want to challenge your termination? Then time is of the essence, as there are several deadlines to meet to file an objection against the termination.

Receiving a termination notice is often very unexpected and one of the most emotional and legally challenging situations an employee can face. However, you need to overcome the initial shock as quickly as possible because now is the time to take action.

To effectively challenge a termination, it is crucial to be aware of the applicable deadlines for filing a protection against unfair dismissal claim. From the moment you receive the termination notice, you have three weeks to respond by filing a claim against it.

If this deadline is missed, it will no longer be possible even to negotiate a severance package. The deadlines for filing a protection against unfair dismissal claim, therefore, play a crucial role in defending yourself against a termination.

It is highly recommended to immediately engage a specialist in employment law to review the termination. They can determine whether the termination was lawful and compliant with legal regulations. After that, the next steps should be discussed, and negotiations can begin.

Keep in mind that no employer wants to be sued. Most employers are also well aware of the deadlines for filing a protection against unfair dismissal claim.

Three weeks is a short period to initiate negotiations and, if necessary, file a protection against unfair dismissal claim on time. Prompt action is absolutely essential.

In this article, you will learn everything you need to know about the various deadlines, legal options, and strategic considerations to effectively challenge a termination.

Overview:

1. First steps after receiving a termination notice
2. Termination deadlines: What applies to operational and conduct-related terminations?
3. Registering with the Employment Agency
4. Severance Pay: Am I entitled to it?
5. Conclusion: Acting quickly is key
6. FAQ

1. First steps after receiving a termination notice

It is essential to carefully examine the termination letter as a first step. Pay close attention not only to the date but also to the justification and reason provided for the termination. Often, termination notices are incomplete or even flawed, which can give you a stronger position in any subsequent legal proceedings.

The importance of a protection against unfair dismissal claim

Filing a protection against unfair dismissal claim is the most important tool to challenge an unlawful termination. This claim is submitted to the competent labor court and aims to have the legality of the termination reviewed. The primary focus is on whether the termination is socially justified, for example, due to operational, personal, or conduct-related reasons.

What Happens If I Miss the Deadline?

If you miss the three-week deadline for filing a protection against unfair dismissal claim, the termination automatically becomes legally binding, and you lose the ability to file a claim with the labor court to contest it. This also means you cannot negotiate a potential severance package, as your entitlement to it essentially lapses.

2. Termination deadlines: What applies to operational and conduct-related terminations?

Every operational termination is subject to legally mandated notice periods. These can be slightly modified in the employment contract, but they cannot be significantly shortened, as the law allows little room for deviation.

The legally prescribed notice periods depend on the duration of your employment with the company. They range from 4 weeks for less than 2 years of service to up to 7 months for over 20 years of service.

Notice Periods Based on Length of Service

• 4 weeks: Employment duration of less than 2 years
• 1 month: Employment duration of at least 2 years
• 2 months: Employment duration of at least 5 years
• 3 months: Employment duration of at least 8 years
• 4 months: Employment duration of at least 10 years
• 5 months: Employment duration of at least 12 years
• 6 months: Employment duration of at least 15 years
• 7 months: Employment duration of at least 20 years

These Notice Periods Apply Only to Regular Terminations.

There is no notice period in cases of conduct-related terminations if the employer issues a summary dismissal. In such cases, it is crucial to seek legal advice, as there may not have been sufficient grounds for an immediate termination.

However, this should not be confused with immediate release from work. Even in cases of immediate release, the standard notice periods still apply. Immediate release merely means that the employee is relieved of their duty to perform work but continues to receive their salary until the end of the notice period. This situation can arise, for example, when the trust between employer and employee is so severely damaged that further collaboration is deemed unreasonable.

3. Registering with the Employment Agency

In addition to the legal steps you should take after receiving a termination notice, it is also important to inform the Employment Agency promptly. This not only ensures your eligibility for unemployment benefits but can also help prevent potential penalties later on.

Early Registration as a Job Seeker

You should register as a job seeker with the Employment Agency as soon as you become aware of your termination. This can be done no earlier than three months before your last working day as per the notice period.

You must register as unemployed immediately after the notice period ends. However, you can also do both simultaneously—register as a job seeker and as unemployed. This ensures that you receive financial support from the Employment Agency starting from the first day of unemployment.

4. Severance Pay: Am I entitled to it?

A common misconception is that employees are automatically entitled to severance pay when terminated. In fact, such an entitlement only exists in exceptional cases, such as when it is stipulated in the employment contract, a collective bargaining agreement, or a social plan agreement.

Negotiating Severance Pay

Even without a statutory entitlement to severance pay, it can often be beneficial to initiate negotiations with the employer. Employers are often interested in achieving a quick and smooth termination of the employment relationship to avoid costly and time-consuming court proceedings. In such cases, it may be possible to negotiate a voluntary severance package through strategic negotiation tactics.

An experienced employment law attorney can provide valuable support by exploring the legal options and managing the negotiation process between the employer and employee. The amount of severance pay also plays a key role. A common rule of thumb is that severance pay amounts to half a month's salary for each year of employment. However, this guideline is not binding and may vary depending on the individual circumstances.

When Should I Forego Severance Pay?

In Some Cases, It May Be Wise to Forego Severance Pay. This is particularly true when the chances of a successful protection against unfair dismissal claim are high. For example, if the termination is based on clearly false or insufficient reasons, a court might rule that the employment relationship must continue. In such a case, accepting severance pay might not be the best option, as you could potentially retain your job or negotiate a higher severance package.

5. Conclusion: Acting quickly is key

• Acting Quickly After Receiving a Termination Notice is Essential. You must file a protection against unfair dismissal claim within three weeks to contest the termination.
• If you miss this deadline, you will lose not only the opportunity to save your job but also the chance to negotiate severance pay.
• It is advisable to consult an employment law specialist to review the legality of the termination.
• The notice period depends on the length of employment, ranging from 4 weeks (less than 2 years) to 7 months (more than 20 years).
• In the case of a conduct-related immediate termination, there is no notice period. However, a lawyer should review whether the termination is justified.
• Even in the case of an immediate release from work, the notice periods still apply, including continued salary payments.
• You should register as a job seeker no later than three months before your last working day to ensure seamless financial support.
• If you have received a termination notice, it is always advisable to consult an employment law specialist. They can assess whether the termination is lawful and help you develop the best possible strategy—whether through filing a protection against unfair dismissal claim or negotiating severance pay.

6. FAQ

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