Definition
Certain groups of people may only be dismissed under strict conditions, or may not be dismissed at all. In principle, an employer may not dismiss pregnant women or mothers up to four months after giving birth – exceptions are only possible with the approval of the relevant authority. Works council members are protected from ordinary dismissal during their term of office and for one year thereafter; extraordinary dismissal requires the consent of the works council or the employment tribunal. Similar protection applies to company data protection officers, severely disabled persons, trainees after their probationary period and employees on parental leave.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
Certain groups of people enjoy special protection against dismissal: pregnant women (Section 17 of the Maternity Protection Act), works council members (Section 15 of the Employment Protection Act), data protection officers (Section 38 of the Federal Data Protection Act), and others. Ordinary dismissals are generally excluded; extraordinary dismissals are only possible under strict conditions and with official approval.
Distinction from related terms
General protection against dismissal: Under the KSchG, general protection against dismissal applies under certain conditions. Special protection against dismissal goes beyond this and provides specific protection for certain groups of people regardless of these conditions.
Requirement for approval: In the case of special protection against dismissal, the approval of an authority or the works council is often required. Without this approval, the dismissal is generally invalid.
Practical tip
Did you only inform your employer of your pregnancy after receiving your notice of dismissal? That’s not a problem – special protection against dismissal applies retroactively if you notify your employer of your pregnancy within two weeks of receiving the notice of dismissal.
