Definition
The Unfair Dismissal Act protects employees against dismissal without valid grounds. It applies to employees who have been with the company for more than six months and in companies with more than ten employees. Those who fall below this threshold do not enjoy general protection against dismissal – but they are not entirely without protection: dismissals on discriminatory or unconscionable grounds remain invalid, and special protective provisions – such as those for pregnant women or works council members – apply regardless of the Act.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
The KSchG protects employees against socially unjustified dismissals. It applies to employees who have been with the company for more than 6 months and in companies with more than 10 full-time employees (Section 23 KSchG). Anyone falling below this threshold does not have general protection against dismissal – but there are exceptions.
Distinction from related terms
General protection against dismissal: The KSchG governs general protection against dismissal for employees in companies above a certain size. Outside this scope, this protection does not apply.
Special protection against dismissal: Certain groups of people, such as pregnant women or those with severe disabilities, enjoy additional protection. This protection exists independently of the KSchG.
Practical tip
Even without the protection afforded by the Employment Protection Act (KSchG), all is not lost. Dismissals that are contrary to public policy, discriminatory or in breach of the principle of good faith may be invalid. Furthermore, special protection against dismissal (e.g. in the case of pregnancy or works council membership) applies regardless of the KSchG.
