Members of the works council have special protection against dismissal. This means that their employment relationships can only be terminated for an important reason and with the consent of the works council committee. If the works council committee does not consent to the intended dismissal of the works council member, the employer is obligated to replace the consent of the works council with a court decision. These types of proceedings are very long and costly. Due to this special protection against dismissal, it is claimed that works councils in Germany are actually “undismissable”. The special protection against dismissal exists during the works council’s term of office over four years. If a works council member is not re-elected, a one year subsequent period of special protection additionally applies. This means that also during this subsequent period, a dismissal is only possible for an important reason.
Compliance, Coffee & Comments