Germany: No Dismissal Protection for Works Council Initiatives in First Six Months
The Munich Regional Labour Court has clarified the rules around dismissal protection for employees attempting to establish a works council. The court ruled that the Protection Against Dismissal Act does not apply during the initial six-month probation period.
This means that employees who have only worked for a week, or even less, are not protected from dismissal if they try to form a works council during their probationary period. The court's decision aligns with the general principle established by the Federal Labour Court that dismissal protection is significantly lower during the probationary period.
The ruling also underscores that works council initiatives do not automatically strengthen dismissal protection during this time. It is important to note that there is no specific case or individual that triggered this decision. The Federal Labour Court has consistently maintained that probationary periods offer less stringent dismissal protection.
In summary, employees in Germany should be aware that they are not protected from dismissal for attempting to form a works council during the initial six months of their employment. This ruling serves as a reminder of the reduced dismissal protection during the probationary period and that works council initiatives do not change this.
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