Introduction to labour law 3: Termination and settlement of the employment relationship

No matter how an employment relationship is terminated, workplace representatives must ensure, in all cases, that the procedure has been followed correctly. In most cases, there are no real codetermination rights when an employment relationship is terminated – yet, if need be, the employees concerned must be shown individual legal options for response. This training course explains how this can work and provides basic knowledge of labour court proceedings. The course can potentially be rounded out with the practical experience of attending a labour court hearing.

The training course at a glance:

Overview of legal options for termination of the employment relationship
Termination agreement
Ordinary termination
Extraordinary termination
Special protection against dismissal
Fixed-term employment relationships
Employer obligations regarding the settlement of the employment relationship
Involvement of the works council

Due to the large number of collective agreements, entitlements under collective agreements can only be explained in this course through examples. This also applies to existing company regulations. The seminar focusses on the basis provided within German labour law for termination of the employment relationship.

Zielgruppe
Works council members
Teilnahmevoraussetzungen
Attendance of the training course “Getting started ...”
Freistellung
Section 37 Article 6 Works Constitution Act

Overview: Ways to terminate the employment relationship
Employee termination of the employment relationship
Fixed-term employment contracts:

without objective reasons
with objective reasons
extension of the fixed-term employment relationship
time limits and formalities

Proceedings before the labour court:

labour court jurisdiction
the labour court’s responsibilities
procedures and costs (judgement and decision proceedings)
attending labour court hearings

Dismissal and protection against dismissal:

formalities and deadlines
general and special protection against dismissal
dismissal for operational reasons
dismissal for personal reasons
warnings and behavioural dismissals
works council co-determination

Termination agreements and labour court settlements (content and conclusion of termination agreements, pitfalls of the termination agreement, effects on unemployment benefits incl. excursus regarding SGB II and III)
Settlement of the employment relationship (entitlement to reference letters, employment documents, non-competition clauses)
Overview of individual rights (with reference to works council participation rights)

Hier den Themenplan als PDF downloaden.

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