Cologne, NRW -- (SBWIRE) -- 07/12/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London http://www.grprainer.com/en explains: In its judgment of July 20, 2013, the German Federal Labour Court (BAG) ruled that in the event of an ordinary dismissal a reference to the relevant statutory deadline provisions is sufficient, if the recipient of a dismissal notice is able to easily identify when the employment relationship ends (Az.: 6 AZR 805/11).

A dismissal has to be sufficiently precise and declared unambiguously. The recipient of a dismissal notice must in particular be able to identify the point in time at which the employment relationship is actually supposed to come to an end. It is normally sufficient to indicate the date of dismissal or notice period. Indeed, according to the BAG, a mere reference to the statutory deadline provisions is sufficient if the recognisability of the actual point in time at which the employment relationship ends is ensured for the recipient of the dismissal notice.

The legitimacy of a dismissal notice should be examined by lawyers, as a valid dismissal notice necessitates contemplation of numerous factors. So, for instance, one must distinguish between small and large enterprises. Only the latter is subject to the Employment Protection Act (Kündigungsschutzgesetz (KSchG)). The decisive factor is whether a specific number of employees is exceeded and, according to the currently applicable version of the Act, the threshold is anything more than ten employees. Moreover, the employee concerned must have been associated with the business for at least six months.

In the event of a dismissal, it is important to act quickly and seek comprehensive advice from a lawyer, because after a dismissal has been declared the employee only has a short period of time in which to have the possible invalidity of the dismissal examined by a lawyer.

However, even an employer that would like to have the validity of a dismissal examined in advance, or in retrospect, should seek legal counsel from a lawyer.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
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50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
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