A post by specialist lawyer for employment law Alexander Bredereck Authority Chief Jahn seems according to latest media reports determined the 47 “to remove former full-time Stasi employees who do service in his authority from the authority. “Der Spiegel reports in its edition of the 16.5.2011, that the former employees of the MfS with the Jahn authority de facto tenure” were. What does the labour code? Basically can be cancelled of course the staff. The employer needs a reason for termination. The former Stasimitarbeit the Jahn authority is can not rely on the termination, because it was known to the employer for a long time.
Other grounds for dismissal are still eligible. Here nothing is considered the normal”, so their employees. Likely, that will collect the terminated employee dismissal lawsuit and a labour court the redundancies invalid, is however, if the employer not by the Recognized cause for termination to the page is dismissal. Against the background that workers decide during a dismissal procedure regularly for a severance payment instead of a continuation of the employment relationship, it seems rather impractical, to say that the authority could get rid of the staff absolutely not. They could get the golden handshake, which intends to offer the authority according to mirror the former Stasi employees within the framework of a code comparison.
He will have to fall off but quite lush, after all staff without a safe and well-paid job. Should a former back complain is nevertheless, the transfer of the remaining 47 could be called second step “are the order of the day in other authorities. Specialist Attorney tip workers: they are typically strong on the defensive, if your employer is determined to get rid of you. Experience has shown that golden handshakes are”within the framework of a Termination agreement but no good solution for you. The severance, termination or dismissal suit, you can achieve in a code comparison is usually much higher. If a separation is inevitable, is usually the best announce it himself and to bring dismissal action, however, within the prescribed period. Against a transfer, you can defend yourself also before the Labour Court. Specialist Attorney tip employers: always, remember the possibility of transfer of the employee to another department or a different branch. The reason for the termination of a weakness of an employee be other than in the exceptional situation in the j-body, for your employees, a change may well do him and your company correctly. But be careful: not every transfer is permitted. Can always consult with an expert before such a measure. A post by lawyer Alexander polymath, Berlin lawyer specializing in labour law
