The dismissal action workers attack with a termination of the employer, to obtain E.g. a severance package. What is it for a lawsuit, what special features should be noted? For many years, we operate primarily focusing on labour and tenancy law as lawyers. We deepen this experience through regular training and constant technical exchange. So we can already settle possible points of contention when designing your contracts and your terms and conditions in its favour. The dismissal action is a declaratory action. The application is as it is to be ascertained, that the employment of the employee with the employer through the termination of the…(exact date when multiple terminations: each list individually) is been not resolved.
Although it regularly arrives the workers after receiving a termination on a severance package, protection against dismissal must lodge a complaint first. There are good prospects for a dismissal suit regularly for those workers, for which the protection against dismissal Act is applicable. This assumes that the employee has been longer than six months without interruption in the company or companies concerned and that there are regularly more than ten workers as a whole are employed. Content of the complaint must be the designation of the parties and the Court, the specific indication of the item with a statement of reasons, as well as a specific application (see above). Important deadline: the complaint must be received within three weeks after receipt of the notice of cancellation to the Labour Court. So a quality proceedings the court action has, take place first. In most cases, the dismissal process then ends with a comparison and the employer pays the employee a severance payment. If employers and workers do not agree, the Labour Court must decide on the effectiveness of the termination.
The Court is the dismissal action rather than type, if the termination invalid for other reasons or violation of social is. Then, the employment relationship continues. The Court may grant legal aid (PKH) for the entire litigation or for individual applications upon request, if the action – or in the opposite case the defense against a lawsuit – has sufficient prospects of success. Legal aid covers the Attorney’s fees and court costs. You can submit the claim without a lawyer at the legal application Office of the competent labour court fundamental. But there is the danger that one makes mistakes (incorrectly referred to as the employer), endanger the success of the approach. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law polymath welcome lawyers Berlin-Mitte: am Festungsgraben 1, 10117 Berlin-Mitte Branch Office Berlin-Marzahn: Marzahn promenade 28, 12679 Berlin-Marzahn Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 e-mail: