Germany Works Constitution Act (BetrVG)
Part Four, Division Five: staff policy, vocational training and individual staff measures – Germany Works Constitution Act (BetrVG)

Germany Works Constitution Act (BetrVG) s102: s 102 Hear the works council before every dismissal, with reasons

The council must be heard before every dismissal, with the employer giving the reasons; a dismissal without hearing is void. The council may raise concerns in writing within a week (ordinary dismissal) or three days (summary dismissal), and may object to an ordinary dismissal on listed grounds (social selection, guidelines, other job, retraining, changed terms). If the employer dismisses despite an objection it attaches the council's statement to the notice, and where the employee sues and requests it, the employer must keep them employed on unchanged terms until the case ends unless the court releases it. Employer and council may agree that dismissals need consent.

Maintained by Gerard Blokdyk

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