Transcription
You have a termination notice from your employer on the table. Whoever makes a mistake now loses everything, and faster than you can probably say "protection against dismissal." It's best to stay tuned if you want to know how to save your job, your money, and your rights in 2025, and why most employees are doing everything wrong right now. At the end, I will give you six tips that probably no one will tell you at first. And I will say something about notice periods that you probably didn't know yet, but which is an absolute advantage for you. Your employer will definitely be pissed off, that much is certain. If you have questions about this topic and don't know what to do because you have no idea up to this point, I have left my email address for you below in the description. If you want to give me something back for this free added value, then it would be great if you liked the video, subscribed to the channel, and gladly shared this good news with other people who perhaps cannot afford a lawyer but are always grateful for such tips. The Bureaucracy Relief Act IV has digitized the world of work. But of course, nothing has changed in the basic rules of protection against dismissal. Anyone who has worked in a company with more than 10 employees for more than 6 months enjoys protection under the Protection Against Dismissal Act. Listen carefully to what I say. With more than 10 employees. So, at least 10.5, 10.75, 11, 12 or more employees must be employed in your company, because otherwise the Protection Against Dismissal Act does not apply to you. The employer needs, if the dismissal or vice versa, if you have protection against dismissal and could go to court with it, definitely a good reason, and one that will hold up in court. Personal reasons, behavioral reasons, operational reasons. These are the dismissals that are concerned. Everything else is fairy tale hour. Nevertheless, attention please, during the probationary period or in smaller companies, i.e., with fewer than ten employees, you are of course still fair game. The boss can get rid of you without much justification. And one more thing, these famous live dismissals via TikTok, WhatsApp, Facebook or email remain nonsense, of course. You need an original termination notice from your employer. Yes, with an original signature from your employer. So, if they send you an email with a PDF attachment containing a termination notice, that is not the written form requirement that the law demands. So, you have the termination notice in your hand, then the clock is ticking. You have 3 weeks to file a lawsuit for protection against dismissal with the labor court, and the deadline begins to run as soon as the termination notice comes back into your sphere of influence. This means mailbox or personal delivery. And remember, it is not the date on the termination notice that counts, but the date of delivery. If you miss this deadline, you can usually forget your right to reinstatement or perhaps even severance pay. And no, but I didn't know that and I was on vacation. The deadline is merciless. If you are on vacation or in a coma, then please make sure that someone checks your mailbox regularly. Otherwise, you're screwed. And yes, you can sue against any dismissal, whether ordinary or extraordinary or a termination with modification. What a termination with modification is, by the way, I will explain to you in another video. It's a pretty nasty thing, but if you make a mistake there, you are so out. I think most people don't even know what a termination with modification means. Nevertheless, even if you don't have full protection against dismissal yet, it is sometimes worth going to court anyway. Most people don't know that either. Especially if a lot of money is at stake or the boss has perhaps exaggerated a bit with the reason in the termination notice. It can happen. Many believe that a termination automatically comes with severance pay. That's not true. There is no legal claim to severance pay. You don't have one. It only exists, or this claim in quotation marks, only exists in very specific cases. For example, in the case of an operational dismissal with a corresponding offer according to Paragraph 1a of the Protection Against Dismissal Act or in social plans. Now I'll tell you what this offer means. If the employer dismisses you and says, you know what, I don't want you anymore, but actually I also know that the dismissal might not go through. Let's do it this way. I'll offer to pay you severance pay if you promise me not to file a lawsuit against the dismissal. That's supposed to be an agreement. If the employer writes in the termination notice, for example, not many do, I wouldn't say, but some do, I would be a bit careful, I'll tell you why right away. If they write in the termination notice: "I hereby terminate the employment relationship on [date] and alternatively on the next possible date. In the event that you do not file a lawsuit for protection against dismissal and let this three-week period expire, I promise you severance pay in the amount of X, €5,000, €10,000, I don't know." Then you have received the termination notice. You do not file a lawsuit for protection against dismissal, and upon expiry of the three-week period, the severance pay that they promised you in the termination notice becomes due. Then you have a claim to severance pay. That is, so to speak, this offer according to Paragraph 1a of the Protection Against Dismissal Act, which I just mentioned. In practice, however, severance pay is usually only offered when you sue and the employer realizes that they might look foolish in court with their dubious, far-fetched dismissal. Then negotiations will suddenly take place, and now it depends on your strategy, and remember this for the amount of severance pay, because I am often asked about it, yes, what can you demand when you are really talking about severance pay, which you often do in conciliation negotiations. The standard severance pay according to the Protection Against Dismissal Act, there is a standard severance pay in it, which you can roughly use as a basis, is 0.5 gross salaries per year of employment. So, if you have been employed there for 10 years, the severance pay is 10 half gross salaries, or five full ones for all I care. But this is only the standard severance pay. If your employer is pushing the dismissal and sees that it looks bad for them because they don't have a real reason for dismissal, and they can't get rid of you, then you can start bargaining like at a Turkish bazaar. Two full gross salaries per year of employment are not uncommon there either. From 2025, you can receive your employment contract and even your employment reference digitally, but only if the employer uses a qualified electronic signature. Sounds modern, but for many companies it's unfortunately still science fiction. So don't rely on it, but in case of doubt, always demand the classic paper version. So, and now a word of warning again. You want to vent your anger publicly now. Perhaps because you were dismissed, but also if you are frustrated and your boss is really getting on your nerves. I can understand all of that, but be careful, colleague. Anyone who publicly denounces their employer on social media risks immediate dismissal, and rightly so, as current rulings show. Even satire or just joking doesn't protect you if you reveal trade secrets, expose colleagues, or disrupt the peace of the company. And anyone who makes TikToks during working hours, I had such a case recently, I can understand it, but then yes, that person can actually pack their bags right away. Many bosses try to lure you with termination agreements, severance pay offers, and friendly conversations. Never sign anything on the first impulse. Don't let yourself be pressured. Especially not to sign quickly. Once signed, the deal is done, and you may have waived all rights that might have been due to you. If you belong to a particularly protected group, pregnant, severely disabled, you are a works council member or sit on the works council, your employer can only dismiss you under very strict conditions. Many say: "Yes, you are un-dismissible." The employer usually needs the approval of an authority in such cases. Anyone who does not act immediately here is giving away valuable opportunities. Report yourself as unemployed immediately after dismissal, otherwise there will be a waiting period for unemployment benefits, and get a benevolent reference issued. Anyone who is dismissed without notice, by the way, cannot expect a good reference and often receives a waiting period of up to 12 weeks for unemployment benefits. That means you won't get any money for 3 months. So don't just swallow it, but act. So, and now here, as promised, a word about notice periods, which many don't know at all. Paragraph 622, Paragraph 1 of the German Civil Code (BGB) essentially states that for the employee, there is a notice period of 4 weeks to the 15th or the end of each month. Paragraph 622, Paragraph 2 of the German Civil Code (BGB) states. For the employer, there are extended notice periods. I don't know, I don't know that offhand. So, if, for example, the employment relationship has existed for 10 years, then there is a notice period of 4 months. Anyone who has worked in the company for 20 years has a notice period of 7 months. So, it's staggered like that. These extended notice periods only apply to the employer, and most people don't know that. But and here comes the exception. Sometimes there is a wording in the employment contract that roughly states: "The extended notice periods for the employer also apply to the employee." If you have signed that and it is in your employment contract, then these extended notice periods actually apply to you too. That would be bad, of course, but in most cases it is not so. This means your boss cannot get rid of you. They definitely have to observe the notice periods. You, on the other hand, can give notice within one month and you are out of this situation, no matter how long you have been employed there. So, now here are my tips for you. You probably want more than just the standard here in this video. And now we come to my promised tips that I have. First, if you file a lawsuit for protection against dismissal, simultaneously demand continued employment until the proceedings are concluded. This increases the pressure on the employer and can significantly increase the severance pay. Second, if there is a works council, you should always check whether it was actually consulted. Every works council, if you have one in your company, must be consulted before the dismissal is even issued. Often, employers only claim that the works council was consulted, even though that is not true at all. For this reason, always check whether it is really so or whether they made it up. If that is not the case, the dismissal is invalid, and this is, by the way, a mistake that cannot be rectified later. Then the dismissal is off the table, they can dismiss you again, you have gained more time, the employment relationship is extended by another month, possibly two. Third, always insist that the employer provides a written reason for the dismissal. Again, a word on this. The employer does not have to provide a written reason for dismissal. They can also simply write, "I hereby terminate the employment relationship on [date], alternatively on the next possible date. Thank you. Goodbye, that's it." No reason is required. However, they must provide the reason if you ask for it, and in writing. A clever move on your part if you request it in writing. Many bosses make mistakes here that you can use to your advantage in court later. Fourth, use the option to secure employment contracts and references digitally. This way, you always have a legally binding document in case of a dispute, even if the employer forgets to hand you the original. Fifth, do not agree to an immediate signature for termination agreements. You have the right to a period of reflection and can thus avoid unfair clauses or severance pay traps. Sixth, check whether your employer is violating the Equal Pay Transparency Act. This can not only get you more salary but also a better negotiating position for severance pay. So, and now again the final, I would say ultimate tip. Demand access to your personnel file. Many employers have made data protection errors here that you can use to your advantage. Do you want to know how to get the most out of your dismissal? Then I say: Like the video, share your experience in the comments, and subscribe to the channel for more exclusive legal insights. Yes, I will bring this topic up again in the next or the video after next, I'm not sure yet. There's a lot of money in it again. So get your rights back before it's too late. Yeah.