Germany: Unfair/ Wrongful Dismissal

German works councils hold binding co-determination rights over monitoring systems, staff questionnaires, and personnel measures in internal investigations. This guide maps the statutory triggers under the Works Constitution Act, explains when system-level consent differs from case-level information duties, and shows how to balance speed and confidentiality with mandatory consultation—without automatically losing evidence in court.

Can an employer terminate an employee who must serve a multi-year prison sentence? The Stuttgart Labor Court recently examined this complex question, considering factors such as prospects for early release and day-release work arrangements. This decision provides crucial guidance on employer obligations and the significant employment consequences of lengthy incarceration.

The German Federal Labour Court examines whether minor errors in mass dismissal notifications automatically invalidate terminations, providing crucial guidance for employers navigating collective redundancy procedures. This commentary analyzes the court's June 25, 2026 ruling and its implications for employment law practice.

Labour and Employment Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries

Labour and Employment Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries

In our last issue of this year's Focus on Labour Law you will find the usual overview of the most important labour court decisions of recent months...

Few people like wearing face masks, but some people dislike them so much that they refuse to wear one altogether.

In dem zugrunde liegenden Rechtsstreit ging es um die außerordentliche fristlose Kündigung eines Chefarztes.

The requirements and objectives of short-time work and redundancies for operational reasons are divergent.