Should I quit my job as a restaurant manager
Protection against dismissal - this is how bosses can undermine this
The statutory protection against dismissal can be circumvented. Employers know how to legally bypass dismissal protection.
Levering protection against dismissal with legal possibilities
The protection against dismissal applies to employees who have been with a company for at least six months. Employees who are protected by this legal regulation cannot be terminated without valid reason. Unpleasant employees are therefore not so easy to get rid of. However, there are options for employers to circumvent dismissal protection in a completely legal way:
Hire a maximum of ten employees
The Dismissal Protection Act does not apply to small businesses with ten or fewer employees. Until January 2004, the Employment Protection Act did not apply to companies with a maximum of five employees. Since January 1, 2004, the number of employees has been increased to ten, so that employees in companies of this size now have no protection against dismissal.
Full-time employees are considered to be one worker and employees who work a maximum of twenty hours per week as half-time workers.
The purpose of this increase in the number of employees in connection with the inapplicable protection against dismissal lay with the government to boost employment. The government wanted small businesses to hire more people.
If the boss of a small business wants to terminate an employee, he does not need a valid reason for termination, as would be the case with statutory dismissal protection. He only has to adhere to the statutory or contractually regulated notice periods.
The boss does not have to stick to the social plan, but if he can choose from several employees, he must show social consideration. For example, he should not give notice to a long-term employee if he can choose an employee who has not been with the company that long.
As the name suggests, the employment relationship is terminated with a termination agreement. This is done by mutual agreement. This means that the employee confirms his consent to the termination of the employment relationship with his signature.
With a termination agreement, the boss can ignore notice periods and he can part with employees who are otherwise not so easy to terminate. These include works council members, pregnant women and older employees.
Since both sides have to agree to the annulment treaty, this possibility sounds like a peaceful settlement. However, bosses often exert pressure or take the employees off guard, so that employees often carelessly sign this contract. The employee could try to sue the termination agreement, but they must provide evidence that the employer was exerting pressure. As a rule, this is hardly possible because such conversations take place in private.
Fixed-term employment contracts
A large number of employees receive a fixed-term employment contract. Employees can be hired for projects, substitution or seasonal work, whereby the employment relationship ends when the deadline expires. There are objective reasons for the fixed-term employment relationship. However, employers can also hire new employees with fixed-term contracts for no objective reasons. The prerequisite for this is that the employee has not previously worked for this company.
The fixed-term employment contract can be extended, with a maximum duration of two years. If an employee receives a fixed-term employment contract that ends after six months, it can be seamlessly extended for a further six months.
If this does not happen seamlessly, the fixed-term employment contract becomes a permanent one. This would be the case if there were two days between the two contracts. For employers who want to bypass dismissal protection, however, it will be easy to pay attention to this seamlessness.Further information on the topic:
The employer does not pay the last salary after giving notice
What are the most common reasons for termination?
Received notice of termination from the company - where can I get advice?
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