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Relevant bibliographies by topics / Employees – Dismissal of – Germany

Academic literature on the topic 'Employees – Dismissal of – Germany'

Author: Grafiati

Published: 10 March 2023

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Journal articles on the topic "Employees – Dismissal of – Germany"

1

Döse-Digenopoulos, Annegret, and Armin Höland. "DISMISSAL OF EMPLOYEES IN THE FEDERAL REPUBLIC OF GERMANY." Modern Law Review 48, no. 5 (September 1985): 539–63. http://dx.doi.org/10.1111/j.1468-2230.1985.tb00859.x.

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2

de Vaate, Vivian Bij. "Achieving flexibility and legal certainty through procedural dismissal law reforms." European Labour Law Journal 8, no. 1 (March 2017): 5–27. http://dx.doi.org/10.1177/2031952517699103.

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This paper deals with the changes that were introduced in dismissal law in Germany, Italy and the Netherlands. The reforms in these countries all aimed at greater flexibility by reducing dismissal cost, making dismissal more predictable and shortening dismissal cases. In order to do so, the countries not only focused on changing the substantive dismissal rules, but also changed procedural rules. Moreover, Germany, Italy and the Netherlands shared the same objectives: the encouragement of early settlements between employer and employee and the introduction of a preliminary assessment procedure. This contribution compares and analyses these instruments in the countries of interest. It attempts to determine what adjustments are needed in the law to make the instruments successful and what drawbacks should be taken into account.

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Grund, Christian. "Severance payments for dismissed employees in Germany." European Journal of Law and Economics 22, no. 1 (July 2006): 49–71. http://dx.doi.org/10.1007/s10657-006-8980-8.

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Cain, Timothy Reese. "“Silence and Cowardice” at the University of Michigan: World War I and the Pursuit of Un-American Faculty." History of Education Quarterly 51, no. 3 (August 2011): 296–329. http://dx.doi.org/10.1111/j.1748-5959.2011.00338.x.

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In September 1915, Minne Allen traveled from her native Germany to the United States, where her new husband Edward was set to begin a position as math instructor in the University of Michigan's College of Engineering. Although Minne was nervous about moving from cosmopolitan Berlin to a small college town and worried about the war ravaging Europe, she was excited to begin her married life. Four years later, the University of Michigan Board of Regents initiated dismissal proceedings against her husband, alleging that he had supported Germany in the recently concluded war. Even before Edward's removal, Minne had grown tired of the constant suspicion and surveillance that the university and her hyper-patriotic neighbors forced her and her husband to endure. She wrote to her mother: The unwillingness to subscribe voluntarily to the purchase of war bonds was and is still enough to dismiss an employee, especially if he is an independently thinking and acting employee who dares openly to criticize and to make suggestions for an honorable government policy and to work for peace and reconciliation…. Forced by many considerations, the educational institutions, which should have the greatest freedom of thought, have become places of silence and cowardice.

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Körner, Marita. "German Labor Law in Transition." German Law Journal 6, no. 4 (April 1, 2005): 805–15. http://dx.doi.org/10.1017/s2071832200013936.

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For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).

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6

Frick, Bernd, Miguel A. Malo, Pilar García Martínez, and Martin Schneider. "The Demand for Individual Grievance Procedures in Germany and Spain: Labour Law Changes versus Business Cycle." Studies of Applied Economics 30, no. 1 (April 11, 2020): 283. http://dx.doi.org/10.25115/eea.v30i1.3389.

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In this article, we analyze the determinants of annual number of grievance procedures, mainly individual complaints against unfair dismissals. Econometric analyses using two balanced panels from the 11 West German states (1964- 2006) and the 17 autonomous regions of Spain (1987-2006) show that labour market characteristics, such as the unemployment and the vacancy rate have a much stronger influence on the cyclical demand for individual grievance procedures than changes in “workers’ rights”. Thus, the individual costs of unemployment are better predictors of the demand for individual grievance procedures than institutional changes strengthening or weakening employees’ rights.

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7

Knieß, Tobias, Hermann Stefan, and Peter Brodisch. "Diagnosis of epilepsy – consequences for work and professional activities." Journal of Epileptology 23, no. 2 (December 1, 2015): 103–12. http://dx.doi.org/10.1515/joepi-2015-0032.

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Summary Introduction. The correct diagnosis of epileptic seizures and non-epileptic attacks has a decisive influence on treatment, counseling and duration of possible work limitations. Diagnostic efforts should aim towards classifying the seizure as precisely as possible. For risk assessments, e.g. at the workplace, a close cooperation and networking of all professionals involved in the epilepsy treatment, care and consultation processes is required. Aim. To present guidelines for assessment of occupational capacity of persons with epilepsy and to discuss their value in clinical practice. Method and Material. The German employer’s liability insurance association has recently published the new revised BGI 585 Risk Assessment Guidelines (DGUV information 250-001) framework and assistance in epilepsy in view of protection against unfair dismissal. These guidelines provide information on safety and health in the workplace. Throughout all the German federal states, 24 Network teams were established. During the period January 2010 and December 2013, 374 employees with epilepsy were consulted by an expert member of Network Epilepsy and Work (NEA) Team, of which 80 were prospectively included in a study and scientifically evaluated. Guidelines and discussion. While conducting the risk assessment, a special medical fact check in accordance with the guidelines was used. In addition to medical aspects, the individual vocational and occupational situation was considered. Based on this assessment an individual recommendation was made relating to continuation of employment. The project NEA established regional teams of physicians, therapists, consultants from social services, employment offices and rehabilitation authorities across Germany in order to link by networks the complex medical and social aspects of reducing the risk of people with epilepsy losing their job. Results. It was shown that support and consultation through the NEA team led to an endangered position of employment being maintained in 70% of cases. Conclusion. In many cases, loss of employment can be prevented by consequent application of DGUV information 250-001 (recently revised from BGI 585) for risk assessment of epilepsy in employment, together with improved networking between medical professionals, occupational health professionals and social services.

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8

Sun, Xiaohan. "China Collective Negotiation in COVID-19: What We learn from a Comparative Analysis of China, the United States and Germany." American Journal of Trade and Policy 7, no. 2 (September 20, 2020): 51–64. http://dx.doi.org/10.18034/ajtp.v7i2.486.

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Labor conflicts can be solved by an efficient collective bargaining system with consensus-based. Since the economic uncertainty caused by COVID-19, employers have been shut down or have had to reduce operations drastically and many employers want to furlough or dismiss employees under certain circumstances in China. Meanwhile, many workers have lost income. Since workers have gone back to the worksite in March 2020, labor unrest has spread out in order to ask for wage arrears in the manufactory, construction, and service sectors in terms of strikes map from China Labor Bulletin. The paper targets on three different countries with top economies, and examines its bargaining models to keep industrial peace. The paper argues that China bargaining model under state-control strongly depends on government intention for intervention where there is labor unrest, and the system less focuses on self-governance which may result in a hard time to maintain industrial resources, even though the state issued the related policies to highly encouraged companies to hold a negotiation before the lay off workers, reduce wages or work time in order to be employed. While fewer polices and China traditional command-and-control regulation models could not provide an efficient approach to relief labor unrest in the pandemic, Germany's bargaining model is more flexible to provide an example for new governance and co-determination. Also, the bargaining model with sector-level reforms could do more for the United States private sectors in order to the corporation instead of adversarialism. From a comparison among three collective bargaining models, the paper concludes the approaches to protect workers’ rights from global perspectives.

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9

Waas, Bernd. "Dismissal protection in Germany." Tijdschrift voor Ontslagrecht 5, no. 2 (May 2021): 48–55. http://dx.doi.org/10.5553/tvo/254253152021005002002.

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10

Rumyantsev, Nikolay V., and Svetlana N. Andreeva. "Solution of Labor Disputes Related to Illegal Dismissal of Employees: Problems and Statistics." Administrative law and procedure 8 (July 22, 2021): 72–75. http://dx.doi.org/10.18572/2071-1166-2021-8-72-75.

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The problem of illegal dismissal of employees remains relevant. The increase in the number of employees infected with coronavirus and the introduction of restrictions for enterprises and organizations brings this problem to a new level. The authors describe the main problems associated with the illegal dismissal of employees. Statistical data on illegal dismissal in the country are provided.

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Dissertations / Theses on the topic "Employees – Dismissal of – Germany"

1

Ledwaba, Jack Malesela. "Comparative study of a dismissal on account of operational requirements between South Africa and German labour law." Thesis, University of Limpopo (Turfloop Campus), 2008. http://hdl.handle.net/10386/927.

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Diedericks, Shaun Sylvester. "Aspects of constructive dismissal." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1011641.

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Before the introduction of the concept of constructive dismissal in the LRA, the old industrial courts relied on the strides made in this field by the English and American courts. Constructive dismissal is the fourth type of dismissal and it is instituted by the employee through his/her resignation, unlike the other three types of dismissals which is instituted by the employer. Section 186(e) of the LRA defines constructive dismissal as the termination a contract of employment with or without notice by the employee because the employer made continued employment intolerable for the employee. With a fundamental breach in the contract of employment employees have a choice to either base their claims on constructive dismissal in the LRA or repudiation of the contract in common law, depending on the circumstances. Landmark judgments like Jooste v Transnet and Pretoria Society for the Care of the Retarded v Loots set the tone for constructive dismissal law in South Africa. It introduced the concept of intolerability as well as looking at the employer‟s conduct as a whole and judging it reasonable. The test for constructive dismissal throughout the evolution of case law in South Africa has not changed. Constructive Dismissal under the common law is also discussed in depth by looking at the landmark judgment of Murray v Minister of Defence. Sexual Harassment in the workplace is of a growing concern. If continued sexual harassment makes continued employment intolerable, the employee subjected to the harassment has the option of resigning and approaching the CCMA or bargaining councils, and claim that they have been constructively dismissed. Cases such as Payten v Premier Chemicals and Gerber v Algorax (Pty) Ltd really shows us how difficult it is to proof constructive dismissal as a result of sexual harassment because in most instances there won‟t be witnesses and it would be a case of he said, she said. These cases also show us that it can be proven based on a balance of probabilities. Grogan states that in dismissal proceedings, the onus is on the employees to prove that they were in fact dismissed and on the employer to show that the dismissal was fair. Section 192 of the LRA places another burden on the employee that requires him to not only prove the existence of a dismissal, but also that the conduct of the employer was intolerable. Unlike normal dismissal cases, commissioners generally award compensation as a remedy for constructive dismissal. A claim by an employee for reinstatement would be contradicting a claim that the employment relationship became intolerable and an award for reinstatement would be very inappropriate in a case of constructive dismissal. In short, unlike a normal dismissal, a constructive dismissal is a termination of the employment contract by the employee rather than the employer‟s own immediate act.

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Monama, Bonga Justice. "Dismissal for stock loss." Thesis, University of Limpopo, Turfloop Campus, 2013. http://hdl.handle.net/10386/1111.

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Van, der Walt Natasha. "Dismissal due to excessive ill health absenteeism." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1286.

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In a globally competitive market place companies strive to become as efficient as possible. Absenteeism is a worldwide problem as it impacts on company efficiency and cost effectiveness. A large portion of absenteeism can be attributed to ill health absences. Companies have prioritized the need to find ways of managing and reducing absenteeism. In South Africa such processes have to occur within the confines of a constitutional right to fair labour practices and other prescriptive labour legislation. The issue is somewhat complicated by the fact that employees have a right to paid time off due to illness. It is thus clear that not all ill health absenteeism can be deemed problematic. A balancing act needs to occur between the operational needs of the employer and the rights of employees. Ill health absenteeism becomes problematic once a threshold is reached at which point it becomes intolerable for the employer, thus deemed excessive. Excessive ill health absenteeism is not a difficult concept to understand, however it is not specifically defined. A universal concept of when absence is deemed to have reached the threshold of excessiveness does not exist and varies from one employer to the next. Excessive ill health absence is a multi-facetted concept (as a result of the various types of ill health absence) and thus a universal process cannot be adopted to deal with all types of excessive ill health absenteeism. In an attempt to deal with the different types of ill health absenteeism it is pertinent to categorize the issues. The author suggests various ways of dealing with ill health absenteeism, depending on the facts of each case. A misconduct process should only be applicable in instances where it can be proved that sick leave is used inappropriately or the reason for absence is unknown. Although case law suggests the prevalence of dealing with ill health absence as misconduct, especially in the case of persistent short term absence, these cases rarely prove that abuse is taking place. Suspicions regarding abuse without proper evidence to support such claims will not satisfy the substantive fairness requirements. In the event that illness is of a medium to long term nature, an ill health incapacity process may be the most appropriate process to apply, as in such instances a clearly distinguishable illness exists, which makes accommodation less problematic. Such a process is less suited to persistent short term absence as this can be the result of many illnesses or injuries. In the case of persistent short term absence, the individual may be fully capable of performing their duties upon returning to work, however their frequent absence causes unreliability and inefficiency. It is clear in this instance that accommodation cannot take place due to the unpredictable nature of the absences. The concern with persistent short term absence is less with the illness or illnesses displayed and more with the absences itself. The author suggests that it may be appropriate to deal with such absences on the basis of incapacity due to poor work performance. This assertion is based on the fact that the concern is with frequent short term absence that causes the employee to be unreliable; however the illnesses are not of such a nature that it can warrant accommodation. If it is accepted that the employee is not malingering or if the malingering cannot be proved the employee has failed to meet a performance standard (attendance standard). It is suggested that as part of any incapacity investigation consideration should be given to whether the illness or injury can be deemed a disability. This is necessary as disabled individuals are afforded special protection and treatment. A dismissal of an incapacitated individual that is actually deemed “disabled” could be held to be automatically unfair and therefore it is pertinent that this is established at the outset.

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Boy, Anthony Albert. "Dismissal for medical incapacity." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.

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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.

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Thompson, David Martin Ogilvie. "Unfair discrimination and dismissal based on age." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1287.

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Section 187(2)(b) of the Labour Relations Act sets out certain justifications for what may seem to be unfair discrimination in the workplace. The purpose of this note is to discuss the provisions of Age Discrimination, with specific focus on the rights of older employees, who have reached, what some might term, the ‘normal or agreed retirement age’. In the discuss which follows reference will be made to the Constitution of the Republic of South Africa1 in order to investigate the provisions of our new democratic era, and what is said therein about discrimination, and age discrimination in particular. In our new Constitutional dispensation there have also been circumstances where certain kinds of discrimination have become accepted on society, for example Affirmative Action, and an enquiry into the difference between discrimination and differentiation will therefore also be necessary. The provisions of the Employment Equity Act,2 which deal specifically with eliminating unfair discrimination in the workplace, and the Labour Relations Act,3 which deals primarily with the rights of employees, employers and trade unions, and seeks to harmonize employer-employee relations will be discussed wherein specific reference will be made to section 187(2)(b) of the LRA. A further discussion will outline the circumstances of what is meant by dismissal in the context of age based dismissals, and whether such a dismissal is infact a dismissal and whether, within the requirements of the LRA such a dismissal, or termination of employment contract, is infact fair. Furthermore, a comparative perspective of other jurisdictions will give a more complete understanding of the issue of age-based dismissals within the current context. However, to refer to legislation and foreign decisions alone, while being of important reference, is not enough and a enquiry into our own case law will be of significant importance to determine a path of direction one can expect when faced with a question of dismissals based on mandatory retirement ages, and in particular, a dismissal which has been so executed with recourse to section 187(2)(b) of the LRA. In the various cases the reasoning and rationale behind the decision making will shed light on a seemingly unresolved area of labour law, and in reading further not only in the judgments but also in various articles, one will see that there are many arguments for and against the use of a mandatory retirement age, the most important of which will be highlighted.

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Cokile, Siyabonga. "The remedies for unfair dismissal." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1033.

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In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour practice is a right that is enjoyed by everyone and it is a right upon which every employee enjoys not to be unfairly dismissed is entrenched in section 23 of the Bill of Rights. The rights of every employee contained in the Labour Relations Act give content and effect to the right to fair labour practice contained in section 23 of the Bill of Rights. Every trade union, employer’s organisation and employer has a right to engage in collective bargaining, which includes but not limited to the formulation of disciplinary policies in the workplace, which should be observed by every employee. Our constitution mandates the Legislature to enact legislation that regulates collective bargaining. One of the purpose of our Labour Relations Act is to promote collective bargaining and the effective resolution of labour disputes. The remedies for unfair dismissal and unfair labour practice therefore give content and effect to the purpose of the Act, which is to promote effective resolution of labour disputes. The Legislature has given a legislative and policy framework, in terms of which the labour disputes may be resolved. In order to restrict the powers of the arbitrators and courts, section 193 of the Act provides that in ordering the reinstatement and re-employment of dismissed employee, they must exercise a discretion to order reinstatement re-employment, not earlier than the date of dismissal. The remedy of compensation is an alternative remedy, which must be ordered if the circumstances set out in section 193(2)(a) to (d) are applicable. Some arbitrators have made a mistake of treating this remedy as part of the primary remedies. However, our courts have clarified the intention of the Legislature in crafting the remedies for unfair dismissal.

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Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.

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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.

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Toba, Wilson. "Substantive fairness of dismissal for misconduct." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/355.

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In the employment context employers may view certain conduct/behaviour committed by an employee or a group of employees to be repugnant and unacceptable resulting in the disciplinary action that may lead to a dismissal sanction taken against such employee or employees. Even though the employer has a right to discipline the employees for a contravention of a rule or a policy and even dismiss the employee/s involved, such a disciplinary action and dismissal must be based on a certain procedure where the principle of fairness must be adhered to. The Labour Relations Act 66 of 1995 (“the Act”) and Schedule 8 of the Code of Good Practice deals with the aspects of dismissals related to conduct and capacity, however, each case is unique, it has to be approached on its own merits. Schedule 8(3) states that, “formal procedures in disciplinary measures do not have to be invoked every time a rule is broken or a standard is not met”. It is therefore necessary that there should be a disciplinary code which guides the workers and the employers, it must be clear and be understood by all the parties. The disciplinary code of conduct serves as the foundation of good discipline because everybody knows the consequences of his/her contravention of those guidelines enumerated in the Code of Conduct. The Code of Good Practice under Schedule 8(3), states that “while employees should be protected from arbitrary action, employers are entitled to satisfactory conduct and work performance from their employees”, so a very good relationship between the two parties is most important if there is to be stability and industrial peace in the workplace.

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10

Myeki, Mfundo. "Dismissal law in the education sector." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.

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This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.

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Books on the topic "Employees – Dismissal of – Germany"

1

Haas, Hermann Heinrich. Recht und Praxis der verhaltensbedingten Kündigung. Berlin: De Gruyter, 2013.

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Die Kündigung von Betriebsratsmitgliedern wegen Stillegung eines Betriebs oder einer Betriebsabteilung. Frankfurt am Main: P. Lang, 1989.

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Schlegeit, Tino. Das BAG und die Verdachtskündigung: Zugleich ein Beitrag zur Dogmatik des [Paragraphen] 626 BGB. Frankfurt am Main: Lang, 2008.

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Roesgen, Mirjam. Die betriebsbedingte Kündigung im öffentlichen Dienst. Frankfurt am Main: Lang, 2008.

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Ritz, Sebastian. Die Auswirkungen des Gesetzes zu Reformen am Arbeitsmarkt auf den Anwendungsbereich der dreiwöchigen Klagefrist gemäss den [Paragraphen] 4 bis 7 KSchG. Frankfurt/Main: P. Lang, 2007.

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Hoins, Hans. Die Kündigung von Berufsausbildungsverhältnissen, insbesondere aus betrieblichen Gründen. Frankfurt a.M: P. Lang, 2009.

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Heimbach, Liv. Das Verhältnis der ausserordentlichen Kündigung des Arbeitgebers zur ordentlichen Kündigung nach dem KSchG. Frankfurt am Main: P. Lang, 2009.

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1932-, Blanpain R., Hanami Tadashi, Biagi Marco 1950-, and Euro-Japan Institute for Law and Business., eds. Employment security: Law and practice in Belgium, Bulgaria, France, Germany, Great Britain, Italy, Japan and the European Communities. Leuven: Peeters, 1994.

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Kalf, Martin. Die Änderungskündigung im Lichte des Verhältnismässigkeitsprinzips: Tatsächliches Potential und rechtliche Grenzen. Frankfurt am Main: PL Academic Research, 2013.

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Weinbrenner, Lars. Der Sonderkündigungsschutz im Pflegezeitgesetz. Frankfurt am Main: P. Lang, 2011.

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Book chapters on the topic "Employees – Dismissal of – Germany"

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Epstein, T. Scarlett. "Male Managers and Female Employees." In Women, Work and Family in Britain and Germany, 88–106. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003305477-5.

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Reichard, Christoph, and Eckhard Schröter. "Civil Service and Public Employment." In Public Administration in Germany, 205–23. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_13.

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AbstractThe German system of public sector employment (including civil servants and public employees) qualifies as a classical European continental civil service model moulded in traditional forms of a Weberian bureaucracy. Its features include a career-based employment system with entry based on levels of formal qualification. Coordinated by legal frames and centralised collective bargaining, the civil service is, at the same time, decentralised and flexible enough to accommodate regional differences and societal changes. In comparison, the civil service system stands out for its high degrees of professionalism and legal fairness with low levels of corruption or cronyism.

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Edler, Susanne. "State of Research on Flexible Employment in Germany." In Recalls – Flexibility at the Expense or to the Benefit of Employees, 15–27. Wiesbaden: Springer Fachmedien Wiesbaden, 2020. http://dx.doi.org/10.1007/978-3-658-29611-7_3.

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Fleischer, Julia. "Federal Administration." In Public Administration in Germany, 61–79. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_5.

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AbstractThe federal administration is significantly small (around 10 percent of all public employees). This speciality of the German administrative system is based on the division of responsibilities: the central (federal) level drafts and adopts most of the laws and public programmes, and the state level (together with the municipal level) implements them. The administration of the federal level comprises the ministries, subordinated agencies for special and selected operational tasks (e.g. the authorisation of drugs, information security and registration of refugees) in distinct administrative sectors (e.g. foreign service, armed forces and federal police). The capacity for preparing and monitoring government bills and statutory instruments is well developed. Moreover, the instruments and tools of coordination are exemplary compared with other countries, although the recent digital turn has been adopted less advanced than elsewhere.

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Held, Katrin. "The Power of Prestige: Investigating Employees’ Commitment in Companies Acquired by Chinese Multinational Enterprises in Germany." In International Business and Emerging Economy Firms, 153–88. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-24482-8_6.

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Deissinger, Thomas, and Kathrin Breuing. "Recruitment of Skilled Employees and Workforce Development in Germany: Practices, Challenges and Strategies for the Future." In Workforce Development, 281–301. Singapore: Springer Singapore, 2014. http://dx.doi.org/10.1007/978-981-287-068-1_17.

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Harutyunyan, Nikolay. "Open Source Software Governance: Distilling and Applying Industry Best Practices." In Ernst Denert Award for Software Engineering 2020, 73–90. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-83128-8_5.

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AbstractModern software architectures are becoming increasingly complex and interdependent. The days of exclusive in-house software development by companies are over. A key force contributing to this shift is the abundant use of open source frameworks, components, and libraries in software development. Over 90% of all software products include open source components. Being efficient, robust, and affordable, they often cover the non-differentiating product requirements companies have. However, the uncontrolled use of open source software in products comes with legal, engineering, and business risks stemming from incorrect software licensing, copyright issues, and supply chain vulnerabilities. While recognized by a handful of companies, this topic remains largely ignored by the industry and little studied by the academia. To address this relevant and novel topic, we undertook a 3-year research project into open source governance in companies, which resulted in a doctoral dissertation. The key results of our work include a theory of industry best practices, where we captured how more than 20 experts from 15 companies worldwide govern their corporate use of open source software. Acknowledging the broad industry relevance of our topic, we developed a handbook for open source governance that enabled practitioners from various domains to apply our findings in their companies. We conducted three evaluation case studies, where more than 40 employees at three Germany-based multinational companies applied our proposed best practices. This chapter presents the highlights of building and implementing the open source governance handbook.

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Emir, Astra. "16. Wrongful Dismissal." In Selwyn's Law of Employment, 390–401. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198836636.003.0016.

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Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

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Emir, Astra. "16. Wrongful Dismissal." In Selwyn's Law of Employment, 408–19. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192858795.003.0016.

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Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur, collateral contracts, summary dismissal, and employment law remedies.

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Smith, Ian, Aaron Baker, and Owen Warnock. "7. Unfair dismissal." In Smith & Wood's Employment Law, 471–557. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824893.003.0007.

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This chapter focuses on unfair dismissal, beginning with a consideration of the necessary procedures for a fair dismissal and the vital role of the ACAS Code of Practice. It continues by looking at the statutory definition of ‘dismissal’ and then tackles the central question of what the statute means by ‘fair’ and ‘unfair’. The wisdom and legitimacy of the ‘band of reasonable responses’ test are questioned. Particular cases—including incapability, misconduct (including the relevance of human rights protections and of online misconduct), and redundancy and reorganization—are dealt with in detail, as are automatically unfair dismissals that exist to give extra protection to certain employees. The chapter concludes with the complex law on remedies if a dismissal is unfair.

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Conference papers on the topic "Employees – Dismissal of – Germany"

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Gurbanov, David Abilovich, and Daria Vyacheslavovna July. "REQUIREMENTS FOR EMPLOYEES OF ENFORCEMENT PROCEEDINGS IN RUSSIA AND GERMANY." In РОССИЙСКАЯ НАУКА: АКТУАЛЬНЫЕ ИССЛЕДОВАНИЯ И РАЗРАБОТКИ. Самара: Самарский государственный экономический университет, 2021. http://dx.doi.org/10.46554/russian.science-2021.09-2-240/243.

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Rieger, MA, S. Burgess, F. Junne, E. Rothermund, H. Gündel, S. Zipfel, and M. Michaelis. "985 Prevention of common mental disorders in employees – attitudes of health care professionals, human resources managers, and employees in germany." In 32nd Triennial Congress of the International Commission on Occupational Health (ICOH), Dublin, Ireland, 29th April to 4th May 2018. BMJ Publishing Group Ltd, 2018. http://dx.doi.org/10.1136/oemed-2018-icohabstracts.525.

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Sinyuk, Tatiana, Mikhail Surzhikov, Anastasia Usenko, Natalia Kazimirova, and Mikhail Belov. "Praxeological aspects of employee motivation – the basis of SME strategy." In Human resource management within the framework of realisation of national development goals and strategic objectives. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.qscr5769.

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This study examines the relationship between the motivation system and the business strategy of micro, small and medium enterprises (MSMEs) in the context of the COVID-19 pandemic and post-pandemic, the purpose of the study is to analyze how the requirements and expectations of employees and business owners are changing in a pandemic, to identify a mechanism for embedding a motivation system in a business strategy and to present, on the example of practical experience, the impact of employee motivation on the achievement of strategic goals. A survey of the owners of MSMEs revealed that about 85% during the pandemic faced manipulation by key professional employees – the threat of dismissal. Labor intensity and intensification began to play a key role in employee motivation. During a pandemic, the main business strategy of MSMEs becomes a survival strategy. The implementation of this strategy is possible only due to the sustainability of MSMEs as a business unit, which implies a high level of loyalty and commitment on the part of the team, providing opportunities for additional work and maintaining a high level of social responsibility of business owners.

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Arsenijević, Olja, and Polona Šprajc. "The Impact of Job Insecurity on Employee Attitudes." In Organizations at Innovation and Digital Transformation Roundabout: Conference Proceedings. University of Maribor Press, 2020. http://dx.doi.org/10.18690/978-961-286-388-3.3.

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The purpose of the article is a theoretical and empirical analysis of the job insecurity due its influence on the employee job attitudes. Design. The design of the study was longitudinal. The empirical results were collected in 2018–2019. The empirical basis of the research is the separate structural department of the bank. The organization has realized downsizing project during the collection of empirical data. It has made possible to analyze the job satisfaction and work engagement before, during and after the downsizing project. The measures used in the present study are: 1) the “Utrecht Work Engagement Scale”; 2) “Brief Job Satisfaction Measure; 3) “The Job Insecurity Scale”. An empirical analysis of the dynamics of job attitudes in the groups differ in age and gender has found out a short-term motivating effect of the threat of job loss. The motivating effect of the threat of job loss is lost during six months. The most significance motivating effect was wound out in within the group of ordinary employees in the senior category over 45 years. The threat of dismissal also has the greatest impact on the behavior change of that part of the staff that is most susceptible to experiencing job insecurity. The employees who perceived the job insecurity are more satisfied with their work and value it more highly.

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Udović, Ugo. "Application of Business Intelligence in the Post-Industrial Period." In Values, Competencies and Changes in Organizations. University of Maribor Press, 2021. http://dx.doi.org/10.18690/978-961-286-442-2.70.

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The purpose of the article is a theoretical and empirical analysis of the job insecurity due its influence on the employee job attitudes. Design. The design of the study was longitudinal. The empirical results were collected in 2018–2019. The empirical basis of the research is the separate structural department of the bank. The organization has realized downsizing project during the collection of empirical data. It has made possible to analyze the job satisfaction and work engagement before, during and after the downsizing project. The measures used in the present study are: 1) the “Utrecht Work Engagement Scale”; 2) “Brief Job Satisfaction Measure; 3) “The Job Insecurity Scale”. An empirical analysis of the dynamics of job attitudes in the groups differ in age and gender has found out a short-term motivating effect of the threat of job loss. The motivating effect of the threat of job loss is lost during six months. The most significance motivating effect was wound out in within the group of ordinary employees in the senior category over 45 years. The threat of dismissal also has the greatest impact on the behavior change of that part of the staff that is most susceptible to experiencing job insecurity. The employees who perceived the job insecurity are more satisfied with their work and value it more highly.

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Burr, H., Y. Demiral, T. Ihle, PM Conway, and U. Rose. "Precarious Work as Risk Factor for 5-Year Increase in Depressive Symptoms among 2,009 Employees in Germany." In Soziale Gesundheit neu denken: Herausforderungen für Sozialmedizin und medizinische Soziologie in der digitalen Spätmoderne – Gemeinsame Jahrestagung der DGSMP und der DGMS. Georg Thieme Verlag, 2022. http://dx.doi.org/10.1055/s-0042-1753576.

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Weyermann, Maria, and Nicole Wist. "P-387 Success of rehabilitation among 185.385 employees undergoing medical rehabilitation from 2010 to 2012 in Germany." In 28th International Symposium on Epidemiology in Occupational Health (EPICOH 2021). BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/oem-2021-epi.304.

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Kováčová, Petra, and Ondřej Drahotský. "Barriers to Effective Interpersonal Communication in Retail." In 8th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2022. http://dx.doi.org/10.31410/eraz.s.p.2022.87.

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Communication is an inseparable part of our daily lives. Interpersonal communication appears between two and more people and consists not only of verbal communication by using words and consciously talking to others but also consciously or unconsciously by using non-verbal communication such as gestures, body movement and posture, facial expressions, haptics (touch), eye contact, proxemics (physical distance), paralanguage, etc. In verbal and non-verbal communication enter some issues that can cause misunderstandings in the communication process. People communicate everywhere and anytime, therefore it is natural that some difficulties and problems occur in interpersonal communication and are encountered in the workplace. There are different types of communication in the workplace, but this paper focuses mainly on interpersonal communication between managers and their team members. The way how they communicate influences the output of the entire communication process and has direct or side effects on performance, work environment, company goals and similar. The main goal of this paper is the identification of barriers to effective interpersonal communication in a selected branch of an international retail organization in Germany. Based on the research, it is possible to identify the barriers to the effective communication process between managers and their team members. Of a total of 187 employees working at this branch, 48 employees participated in this survey. This paper provides results from conducted research where some positive aspects and barriers were explored as well. Among positive results are that the employees do not afraid to address the company’s management directly, employees are not interrupted while speaking, do not get the information they do not understand, the managers do not use the terms their employees do not understand, employees are not often overwhelmed with the information, not facing a misunderstanding from manager’s side. On the other hand, the organization may support more communication between departments and provide more information to employees to feel well informed. This paper correlates with other research conducted in this field by different researchers in different countries and adds the missing barriers or confirmed already often occurring barriers to effective interpersonal communication.

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Tanrıverdi, Ergül, and Ayşe İrmiş. "Conflict Backdrop between Partners in Companies: The Comparison of Businessmen in Turkey and Turkish Businessmen in Germany." In International Conference on Eurasian Economies. Eurasian Economists Association, 2022. http://dx.doi.org/10.36880/c14.02635.

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Partnership in businesses is a system of turning synergy into benefit, which is created by combining the assets and capabilities they have for the same purpose, so that two or more people can do their best. The existence of interests constitutes the basis of conflict between partners. The purpose of this study is to study conflict resources with partners of Turkish businessmen and Turkish businessmen in Germany, and to compare them between the two groups, which may have potential to live or live. Qualitative research was used in the study and interviews were conducted with 10 Turkish businessmen who partnered in Turkey and 10 Turkish businessmen who partnered in Germany. The interviews with the voice recorder were written by researchers, and then the content analysis was performed. As a result of the analysis of the data, the sources of conflict highlighted by the participants of both groups are shaped in four groups as conflicts, “caused by culture”, “caused by communication”, “caused by the management of employees” and “caused by the differences of the objectives of the partners”. It has been concluded that the businessmen who have partnered in Turkey use more open communication in the conflict with their partners in Germany, accept differences as wealth, and turn conflict into the benefit of the partnership.

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Sikora, Alexandra, Gundolf Schneider, Uta Wegewitz, and Ute Bültmann. "O-219 Employees receiving inpatient treatment for common mental disorders in Germany: Factors associated with time to first and full return to work." In 28th International Symposium on Epidemiology in Occupational Health (EPICOH 2021). BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/oem-2021-epi.131.

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