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When the Dismissal Protection Act applies and what justifies a dismissal
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 210 words · 2 min
Practical case
Whom may the print shop dismiss?
A print shop regularly employs nine full-time staff and four helpers working 15 hours a week each, all for more than six months and all hired after 2004. One of three printer positions is to go for operational reasons. Anna, 52, has been there for 20 years and has no maintenance obligations; Bernd, 38, for six years, two children; Carla, 29, for three years, single. Does the Dismissal Protection Act apply, and whom does the social selection hit first?
Hint: Weight the helpers under section 23(1) sentence 4 KSchG, check the threshold for staff hired after 2003 and then compare the four criteria.
Show the solution
The four helpers work no more than 20 hours a week and each count as 0.5, together 2. With the nine full-time staff this gives 11 employees, more than ten: the Act also applies to staff hired after 2003. All three have completed the waiting period. In the social selection, Carla ranks last on length of service, age and maintenance obligations. The business would have to weigh Anna against Bernd, but both are more deserving of protection than Carla. Without a justified reason to take her out, the dismissal hits Carla first.
Answer: Yes, with 11 counted employees; the selection hits Carla first
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