Social Justification of the Termination of Employment (PDF)

Seminar paper from the year 2014 in the subject Law - Civil / Private / Industrial / Labour, grade: 2,0, German Graduate School of Management and Law gGmbH, course: Corporate Governance and the Legals Aspects of Business, language: English, abstract: In Germany the relationship between employer and employee is characterised as a continuing obligation and therefore, besides a few exceptions, it needs an official termination of the working contract.

This assignment deals with the one-sided termination of a working contract by the employer and in particular with the so-called "ordinary cancellation".
One aspect of the ordinary cancellation of a working contract is the "German Protection against Dismissal Act" (KSchG). On the one side the KSchG has to ensure individual interests of the employer as well as the employee and on the other side to enhance the moral commitment on both sides.
General prerequisites for the application of the KSchG can be found in section 2. The employment law provides three different scenarios of an ordinary termination.
Firstly, the termination for reasons related to the person itself (see section 3), secondly the termination related to the conduct of a person (see section 4) and lastly the termination for urgent operational reasons (see section 5).
Besides the general protection against dismissal the law also provides a special protection for a few groups of employees, which is described in section 6, covering also the extraordinary termination.