With a dismissal the completion of a is carried out.

Meaning under private law

A work contract or a contract of employment can by the employer be terminated at any time, an exception is the cancellation without notice (approximately in the Probezeit or due to serious occurrences (e.g. offense of superiors or industrial espionage). Employee can quit only in the context of the Regularien in the work contract (i.d.R., not without notice within the prescribed period).

Official-legal meaning

The term dismissal has thus its origin in the public right and marks a specific form of the completion (out-arranged public) of the official relationship upon the request of the official or by the employment authority, for example because of heavy service passing (see: Official right). The dismissal carried out by, a sovereign act of administration ordering the dismissal (in the difference to a purely civil notice explanation, with that for instance an employer-employee relationship to be terminated can).

Mass redundancies

Under the conditions "§ 17 KSchG, particularly during excess more certainly in the law of threshold values mentioned, an employer can be obligated, which dismissal of several employees within a certain period before actual separating of the employees from the enterprise of the agency for work to communicate (mass redundancy announcement compares). After the decision of the EuGH from 27 January 2005 one will have to assume however this mass redundancy announcement before utterance of the notices must take place and no longer only before actual running out of the term of notice. Regularly mass redundancies in enterprises, in which a work council was selected, release additionally rights of codetermination of the work council in accordance with "§ 111 BetrVG, which give to the work council, a requirement for negotiation over a reconciliation of interests and usually (forcable) a requirement on conclusion of a social plan. (see in addition in detail: Operating change).

Articles in category "Dismissal"

We found here 6 articles.