Uni und Familie

Protection against dismissal | | University of Stuttgart

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Protection against dismissal

During the parental leave the employer is generally not allowed to dismiss an employee.

The specific protection against dismissal pursuant to Article 18 para. 1 BEEG starts with the registration of the parental leave but not earlier than eight weeks prior to its beginning and it ends with the end of the parental leave. If the parents take turns taking the parental leave, the specific protection against dismissal applies for the parent who is taking the parental leave at that point in time. It does not apply for employment periods in between. If the parents take a parental leave simultaneously, the specific protection against dismissal applies for both parents during that period.

The employer may, though, in exceptional cases file an application for a permissibility declaration (Article 18 para. 1 sentence 2 and 3 BEEG) at the Regional Council (Regierungspräsidium) of Baden-Württemberg which is responsible for safety at work. If the employer than dismisses an employee, a suit must be filed within three weeks after the announcement of the Council’s decision. If such a suit is not filed in time, the dismissal will become legally effective.
This period of three weeks does not apply if the employer dismisses the employee without the consent of the supervisory authority. Yet, it is recommended to take actions in such a case as soon as possible.