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Source: BUS Sachsen-Anhalt (Linie6PLus)

Declare admissibility in the case of special prohibitions of termination

Description

If you wish to dismiss employees who are under special protection against dismissal, you must apply for a declaration of admissibility before dismissal.

The following groups of persons are under special protection against dismissal:

  • Women
    • during pregnancy
    • 4 months after a miscarriage after the 12th week of pregnancy,
    • until the end of the protection period after birth,
  • parents on parental leave,
  • Persons caring for a relative in need of care.

Please note the special features of the different dismissal protection rules for these groups of people:

  • For care, the protection against dismissal applies not only during the care-related leave, but already when an inability to work is announced to you. The protection is valid no more than 12 weeks before the announced start. In addition, protection against dismissal applies not only to the assumption of a care service, but also if care is organized. Under certain conditions, employees can be released for up to 10 days.
  • Protection against dismissal for parents on parental leave begins as soon as the application is submitted.
  • There is a special ban on dismissal for parents
    • 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 give you consent if a verifiable reason for termination can be proven. False information in your application may result in criminal prosecution.

  • There is a valid reason for termination such as insolvency, partial shutdown of the company or a particularly serious breach of duty by the employees.
  • They employ employees of one of the three groups of people who are subject to a special ban on dismissal.
  • You have not yet terminated the employee.
  • Application for a declaration of admissibility

The competent office may, if necessary, request further information and documents if there are queries about the information provided.

You must submit the application before the termination is given.

The processing time depends on the complexity of the application and may take much longer in individual cases.

  • Contradiction

Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)

The text was automatically translated based on the German content.

Authority
Landesverwaltungsamt Sachsen-Anhalt - Integrationsamt
Hansering 15
06108 Halle (Saale), Stadt
0345 514-1672
0345 514-1609

Mon. - Thurs.: 9:00 - 15:00
Fri.: 9:00 a.m. - 12:00 p.m.

Please note:
Appointments can also be made outside office hours by individual arrangement. Please note that individual departments have different opening hours. These can be found on the respective department's website.