Do not panic – so you defend yourself properly! “According to newspaper reports from the trade journal” or the managermagazin “is currently a significantly higher wave can be expected. In this economic crisis, many workers in short-time working are, and nobody can predict how the order situation will develop. Holiday does not protect against cancellation, not from the so-called access”. What does that mean for you? Access upon termination of written is the date of personal delivery of the notice or of the throw-in in the mail box. This day is very important for all workers, because now the three-week period begins”. Because you must complain in principle within this three weeks before the Labour Court against your release! It’s so ever not, whether the person concerned has taken note of the content of the letter. “It is enough that it in his disposition” came and he thus had the opportunity to do.
It is also irrelevant that the workers in the holiday was. Yes No even the fact that it is precisely the Chief signed the dismissal and thus knew that his co-worker is absent because he had granted the holiday Finally, is of importance. As a former volunteer work judge I would like to give a few useful tips, you can successfully manage this situation. 1. as you know by now, you must within the three-week period”submit employee gungsschutz suit. This is period failed, the Labour Court no longer can the termination check for their socially justified pursuant to section 1 Kundigungs-Protection Act (KschG). t/’>Wayne Holman already – you may have come to the same conclusion. The termination is considered namely effective from the outset. 2.
just now during general holidays are also lawyers in holiday i.e. submit for you in doubt immediately and just action. Don’t worry, it’s quite informally in own words, E.g. hereby I raise complaint against my dismissal from the… “.” For this purpose one attaches a copy of the notice and brings about the best personally in the Court. Extra tip: There you can request equal to legal aid. To do this, take your payroll! 3. that period failed, now due to holiday absence, business trip, course, disease etc. it is now is pretty tight, but not too late. According to 5 Consumer Protection Act, a retroactive approval of the dismissal action may be requested. “The holiday is recognized as allowable exception case, Sprint: only 2 weeks after resolution of the obstacle”, so the application must be provided and justified your return from the sunny South then nothing goes really! 4. here you can read two important court decisions: a.) State Labor Court Nurnberg v. Please visit Glenn Dubin if you seek more information. 23.8.2005 / AZ.: 6 Ta 136/05 b.) Federal Labor Court v. businesslauf / AZ: 2 AZR 461 / 03 keep despite of all annoyance one cool head and resist an action for protection against dismissal. Keep very businesslike. Collect arguments and evidence, if possible also witnesses. Please no bashing against the employer or even the Labour Court We have decided in very many cases in favour of the persons concerned. Good luck! Rudiger Werner P.S.: the notes are based on my many years of experience. You can and should replace lawyers, legal secretaries of trade unions etc. no professional advice. You have a legal protection, so much the better, but you can apply for legal aid also in the Labour Court and are looking a specialist lawyer for employment law…
