Attorney labour law Mudter & Collegen from Frankfurt: dismissal there are restructuring, the creation or the Elimination of hierarchy levels or simply the statement “the chemistry is no longer”. The result is that you as a leader can quickly be affected by a cancellation. Lawyer will work out the most important aspects in loose order for labour law Robert Mudter this topic. The main aspects are: what opportunities exist to take legal action against a dismissal? Is there a cancellation protection? Am I entitled to a severance payment? What strategy leads me to my destination? Once, a fundamental question is whether and what kind of protection you enjoy. What does that mean? Only if protection against dismissal is a reason for termination is required. As an Executive, you have a hybrid position.
You are the Manager, who acts as a link between the top management (Managing Director, Board of Directors) and the employees (workers, employees). Contact the employees often as an entrepreneur, to the Executive Board but as an employee on. They are depending on busy, however act as a leader and take far-reaching decisions. While leadership is a general term, the passage says a legal term which appears in the law officers. This position is reflected also by the German labour law. Basically, German labour law considered to be the “real” officers compared to the “simple” workers as less worthy of protection. So basically not a collective agreement applies to this real officers can not take part at the Works Council election, in the event of termination of the Works Council/staff Council needs not be heard and finally the provisions of the employment protection act fully apply.
The latter can have a significantly lower employment protection resulted. The common blanket assertion that executives no protection before Layoffs can enjoy, is however not true. Especially in the case or when negotiating the terms of a termination agreement it is extremely important to clarify the status, because not every Executive is a Senior Executive.