Kündigungsschutz; Beantragung der Zustimmung zur Kündigung

Employees who are subject to special protection against dismissal can only be dismissed with the approval of the competent trade supervisory office.

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 Caregiver Leave Act (PflegeZG) and Section 2 (3) of the Family Caregiver Leave Act (FPfZG).

In the aforementioned areas, dismissal may be declared permissible in special cases by the highest state authority responsible for occupational health and safety or the body designated by it. In Bavaria, the trade supervisory offices at 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.

The costs for processing applications for approval of dismissal depend on the administrative costs incurred. They amount to between 50 and max. 750 euros per person concerned.

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

The online form can be used to submit the application. The information and documents required for processing by the competent authority can be attached directly during the application process or added at a later date.

It should be noted that, as part of a dismissal approval procedure, the protected employee concerned will be consulted on the reasons for dismissal set out in the application.