Protection against dismissal; application for consent to dismissal
Employees who fall under the special protection against dismissal can only be dismissed if the responsible trade supervisory office has given its approval.
Description
Employees enjoy special statutory protection against dismissal under certain conditions. This arises in particular from Section 17 of the Maternity Protection Act (MuSchG), Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG), Section 5 of the Nursing Care Leave Act (PflegeZG) and Section 2 (3) of the Family Care Leave Act (FPfZG).
In the aforementioned areas, termination may be declared permissible in special cases by the supreme state authority responsible for occupational health and safety or 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 nursing or family care leave from losing their jobs.
Procedure
The application for approval of a termination must be submitted to the trade supervisory office of the government of the respective administrative district in which the place of employment of the affected employee is located.
Under "Forms" you will find the application form for approval of termination 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, as part of a termination approval procedure, the protected employee concerned will be heard on the reasons presented in the application which are intended to justify termination.
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.
Forms
Please select a location in "Localization" so that the address of the responsible authority can be filled in.
Status:07.08.2023
Responsible for editing:Bayerisches Staatsministerium für Familie, Arbeit und Soziales
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited
If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.