Service Finder
Applying for suspension of protection against dismissal during maternity leave, parental leave or nursing care
Service Description
If you wish to dismiss employees who are subject to special protection against dismissal, you must apply for a declaration of admissibility before giving notice.
The following groups of people are subject to special protection against dismissal:
- Women
- during their pregnancy
- up to 4 months after a miscarriage after the 12th week of pregnancy and
- until the end of their protection period after giving birth, but at least until 4 months after giving birth
- Persons on parental leave
- Persons who care for a dependent relative in accordance with the Caregiver Leave Act or the Family Caregiver Leave Act and take the corresponding (partial) leave of absence for this purpose. You can take care leave and family care leave together for a maximum of 24 months per dependent relative in need of care.
Please note the special features of the different dismissal protection rules for these groups of people:
- For caregiving, protection against dismissal applies not only during the care-related leave of absence, but also as soon as you are notified that you will be unable to work. The protection applies for a maximum of 12 weeks before the announced start date. The protection against dismissal also applies not only when care is provided, but also when care is organized. Under certain conditions, employees can be released from work for up to 10 days for this purpose.
- Protection against dismissal for parents on parental leave begins as soon as the application is submitted. However, at the earliest:
- 8 weeks before the start of parental leave if the child is under 3 years old.
- 14 weeks before the start of parental leave if the child is between 3 and 8 years old.
The competent authority will only grant you permission if a verifiable reason for termination can be proven.
In principle, it is not permitted to dismiss a woman during pregnancy.
This applies to women
- in employment or training relationships,
- in voluntary service and in development aid,
- who are employed in a workshop for disabled people,
- who work as members of a spiritual cooperative, deaconesses or members of a similar community in a permanent position or on the basis of an employment contract for them, or on the basis of extracurricular training,
- who are employed to work from home or
- who are to be regarded as an employee-like person.
After childbirth, dismissal is generally not permitted until the end of the protection period, but at least 4 months after childbirth. In the event of a miscarriage after the 12th week of pregnancy, dismissal is also not permitted until at least 4 months after the birth.
In order for the special protection against dismissal to take effect, the employer must be aware of the pregnancy, the miscarriage after the 12th week of pregnancy or the delivery. The woman can make up for this notification at the latest within 2 weeks of receiving the employer's notice of termination.
There is also protection against dismissal during the entire period of parental leave. This begins from the time an employee requests parental leave, but no more than 8 weeks before the start of parental leave.
In special cases, the competent authority may exceptionally approve a dismissal in accordance with the Maternity Protection Act (MuSchG), the Federal Parental Allowance and Parental Leave Act (BEEG), the Caregiver Leave Act (PflegeZG) or the Family Caregiver Leave Act (FPfZG).
Process flow
An employer or insolvency administrator can apply for dismissal during maternity leave, parental leave or care leave. The competent authority will decide whether this dismissal is permissible.
You can submit the application online or by post.
If you want to submit the application online:
- Call up the online service "Apply for termination of protection against dismissal".
- The online service will guide you through the application step by step and request the necessary evidence.
- The state of Thuringia uses this online service from Hamburg. It is therefore temporarily necessary for you to create a company account on the Hamburg portal until the central account from the federal government "My company account based on Elster" is connected.
- The online service will send your application to the Thuringian State Office for Consumer Protection.
- Your application will be checked. During this review, both you and the employee concerned will be given the opportunity to make a detailed presentation or comment.
- Once your application has been reviewed, you will receive a decision.
If you would like to submit your application by post:
- Download the application form.
- Complete the application in full, attach the supporting documents and send all documents to the Thuringian State Office for Consumer Protection.
- The next steps are the same as for the online application.
Who should I contact?
Please contact the Thuringian State Office for Consumer Protection (TLV), Occupational Health and Safety Department.
Competent authority
Thuringian State Office for Consumer Protection (TLV), Occupational Health and Safety Department
Requirements
- There is a valid reason for termination, such as insolvency, partial closure of the business or a particularly serious breach of duty by the employee.
- You employ employees from one of the 3 groups of people who are subject to a special prohibition on dismissal.
- The applicant must substantiate the existence of a special case in accordance with the Maternity Protection Act (MuSchG), the Federal Parental Allowance and Parental Leave Act (BEEG), the Caregiver Leave Act (PflegeZG) or the Family Caregiver Leave Act (FPfZG) and submit suitable documents as evidence.
Which documents are required?
- Application for the declaration of admissibility
The competent office may request further information and documents if there are any queries regarding the information provided.
The application should include
- Address and contact details of the employer
- Contact person in the company
- Address of the employee
- Date of birth of the employee
- (Expected) date of confinement, duration of parental leave or duration of care leave
- Reason for termination
- Evidence (e.g. business deregistration, shareholder resolution, resolution to open insolvency proceedings)
- Statement from the representative body (works council, staff council, employee representative body or similar)
What are the fees?
Administration Fee: 200,00 - 400,00 EURPayment in advance: no
What deadlines do I have to pay attention to?
You must submit the application before notice of termination is given.
If an extraordinary termination is to be declared in accordance with Section 626 (2) of the German Civil Code (BGB), the application must be received by the responsible office no later than 14 days after the facts of the case have been clarified.
Processing duration
The processing time depends on the complexity of the application and can take considerably longer in individual cases. However, a processing time of at least 4 weeks can generally be assumed.
Legal basis
Applications / forms
You and the person concerned have the right to appeal against the decision on your application or against a decision that was not made within the deadline in accordance with the Administrative Court Regulations (objection, if applicable, action before the Administrative Court).
What else should I know?
As the applicant, you have a duty to cooperate and are therefore obliged to present comprehensible facts and suitable evidence.
The decision of the supervisory authority does not affect the other provisions of employment law. The supervisory authority cannot retroactively declare a termination that has already been declared admissible.
The termination of the employment relationship by the employer (in the sense of employment law) can only be declared by the employer if the official declaration of admissibility of the termination is in the hands of the person entitled to terminate.
If the employer gives notice of termination in ignorance of the pregnancy, the preclusive period of 3 weeks in accordance with Section 4 of the Protection against Dismissal Act (KSchG) applies to any action brought by the pregnant woman before the labor court.
Further Information
Author
Thuringian State Office for Consumer Protection
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health, Women and Family (TMASGFF)
Professionally released on
29.11.2024
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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