Protection against dismissal for special groups of people

There is special protection against dismissal for expectant mothers . It begins with the notification of her pregnancy to the employer. This means that the prohibition of dismissal only applies if the employer was aware of the pregnancy at the time of the dismissal or if it is communicated to him within two weeks of receipt of the dismissal. Exceeding the deadline is harmless if it is based on a reason for which the woman is not responsible and the notification is made up immediately. Protection against dismissal exists until the expiry of four months after delivery.

The Länder have regulated the competences differently in their implementing regulations. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth provides an exact list of the addresses and telephone numbers of these authorities on the Internet.

Special protection against dismissal also exists for persons who have requested parental leave from their employer in accordance with the Federal Parental Allowance and Parental Leave Act. Protection against dismissal also exists if employees work part-time with the same employer during parental leave or take parental leave, work part-time and are entitled to parental allowance.

This special protection against dismissal also applies to employees who, in accordance with the Care Time Act , take up to 10 days of short-term leave from work for a close relative in need of care, as well as to employees who take up up to 6 months of care, regardless of whether they are absent from work altogether or merely shorten the working hours for this period.

For the aforementioned persons, dismissals may only be issued in very few, strictly regulated exceptional cases and only on request and with official consent.

The special protection against dismissal applies to severely disabled persons and persons treated as such. Employers are obliged to obtain the consent of the Integration Office before giving notice of termination. The decision is preceded by the examination of whether a business-economically meaningful continued employment is also possible with the use of advisory, technical and financial assistance.
 

Related Links

  • Integration Office

Related Links

  • § 1 Maternity Protection Act (MuSchG)
  • § 4 Maternity Protection Act (MuSchG)
  • § 14 Maternity Protection Act (MuSchG)
  • Federal Parental Allowance and Parental Leave Act
  • Nursing Time Act
  • Social Code IX (Part 2, Chapter 4)

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