The effectiveness of a layoff is quite high. The burden of proof rests with the employer and workers can challenge a dismissal in court. To be effective, the claim must be filed within three weeks of receiving the termination. If the case is not resolved, the court can only decide whether the termination is effective (for sufficient reasons) or not. When the dismissal takes effect, the employment ends at the end of the notice and the employee is not entitled to severance pay (unless there is a social plan or collective agreement providing for severance pay). If the dismissal is not effective, the employee must be reinstated to the previous position and is entitled to pay from the end of the notice period. We are pleased to advise you on other severance issues. Call us on 0241 4757140 or email us at firstname.lastname@example.org or use our online form. In the end, under Article 1 bis of the Law on Protection against Dismissal, a right to severance pay can be created under the following conditions: the right challenge to termination. If you wish to successfully negotiate severance pay, you must file a redundancy protection action within 3 weeks or indicate that you intend to do so. Employers are generally only willing to pay severance pay if they fear costly legal consequences. However, if you do not contest the dismissal on time, your dismissal is effective in all cases and employers are often no longer willing to pay severance pay.
Even if you are not entitled to severance pay and your employer does not offer payment from you, you can still negotiate severance pay. Employers often use their information and your power advantage and illegitimately terminate employees to avoid severance pay. However, when you challenge your dismissal, employers generally commit to the payment of severance pay in order to avoid costly legal consequences. Letter of dismissal: In the event of dismissal related to the company, your employer can explicitly state his right to severance pay in the letter of dismissal. Theoretically – but rarely in practice – it is also possible for the employer to be subject to severance pay after .9 – 10 KSchG.