Protection against dismissal; application for consent to dismissal

Employees who fall under the special protection against dismissal can only be dismissed if the competent trade supervisory office has given its consent.

Description

Employees enjoy special statutory protection against dismissal under certain conditions. This arises in particular from Section 17 of the Maternity Protection Act (Mutterschutzgesetz, MuSchG), Section 18 of the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz, BEEG), Section 5 of the Nursing Care Leave Act (PflegeZG) and Section 2 (3) of the Family Care Leave Act (Familienpflegezeitgesetz, FPfZG).

In the above-mentioned areas, dismissal may be declared permissible in special cases by the supreme Land authority responsible for occupational health and safety or by the body designated by it. In Bavaria, the trade supervisory offices of the district governments are responsible for this.

This special protection against dismissal protects pregnant women, mothers after childbirth, mothers and fathers on parental leave and women and men on care or family care leave from losing their jobs.

Procedure

The application for approval of a dismissal must be submitted to the trade supervisory office of the government of the respective administrative district in which the place of employment of the employee concerned is located.

Under "Forms" you will find the application form for approval of dismissal in accordance with § 17 MuSchg and § 18 BEEG.

The application forms indicate which information and documents are required for the competent office to process the application. It should be noted that in the context of a dismissal approval procedure, the protected employee concerned will be heard on the reasons presented in the application which are intended to justify a dismissal.

Processing time

The processing of applications for approval of termination is a case-by-case examination. Depending on the case constellation and the need for clarification that arises, the processing time can extend over several weeks or months.

Required documents

  • Depending on the reason for termination, different documents may be required. These can be found in the forms.

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Antrag auf Zustimmung wegen Betriebs- bzw. Teilbetriebsschließung (auch bei Insolvenz) zur Kündigung
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Empfänger: zuständiges Gewerbeaufsichtsamt

  • Prefillable Form, Bavaria-wide: Antrag auf Zustimmung wegen Existenzgefährdung
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Antrag auf Zustimmung aufgrund des Verhaltens der Arbeitnehmerin/ des Arbeitnehmers
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • The costs for processing applications for permission to dismiss are based on the administrative expenses incurred in each case. They amount to between 50 and a maximum of 750 euros per person concerned.

Status: 20.08.2021

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.