The employer is obligated to inform the works council before hiring or transferring an employee and submit the necessary documents to the works council. If the works council refuses to give its consent to the aforementioned personnel measures in accordance with the statutory requirements, the employer is obligated to obtain such consent to the personnel measures in court. This can be not only very costly but also very time consuming. In Germany, the works council must be consulted before each dismissal. The employer must inform the works council of all reasons for the dismissal. A dismissal that is made without consulting the works council, or not properly consulting it, is invalid. Due to the fact that high standards are placed on properly consulting the works council within the scope of a dismissal, the employer must be extremely careful when preparing the information letter for the works council.
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