Uni-Tübingen

What protection against unfair dismissal applies in the public sector?

Important preliminary note: In Germany, the labor courts (Arbeitsgerichte) are responsible for legal proceedings to protect against dismissal. Legal advice regarding a lawsuit against dismissal is available from a lawyer or the respective trade union.

Terms of Termination According to TV-L

The following text is a translation (for informational purposes and not legally binding) of the provisions as defined by the parties to the collective agreement for the public sector of the federal states (Tarifvertrag für den öffentlichen Dienst der Länder, TV-L). Supplementary information is given in italics.

§ 34 Termination of the Employment Contract

(1) The notice period is two weeks to the end of the month until the end of the sixth month since the start of the employment contract. Otherwise, the notice period is as follows, depending on the duration of employment (paragraph 3, sentences 1 and 2):

  • up to one year: one month to the end of the month,
  • more than one year: six weeks to the end of a calendar quarter
  • at least five years: three months to the end of a calendar quarter
  • at least eight years: four months to the end of a calendar quarter
  • at least ten years: five months to the end of a calendar quarter
  • at least twelve years: six months to the end of a calendar quarter.

(2) Employment contracts of employees who have reached the age of 40 and who fall under the regulations of the “Tarifgebiet West” [which Baden-Württemberg does] can only be terminated by the employer on significant grounds after a duration of employment (paragraph 3, sentences 1 and 2) of over 15 years. To the extent that employees were non-terminable under the collective bargaining agreements in effect until October 31, 2006, they shall remain non-terminable.

(3) Duration of employment is the time spent in employment with the same employer, irrespective of any interruptions. Any period of special leave pursuant to § 28 shall be disregarded unless the employer has acknowledged in writing an official or business interest prior to the beginning of the special leave. If employees transfer between employers who are covered by the scope of this collective agreement, the time spent with the other employer shall be recognized as part of the duration of employment. Sentence 3 applies analogously if the employee transfers from another public sector employer.

§ 30 Fixed-term Employment Contracts

(1) Fixed-term employment contracts are permissible on the basis of the Teilzeit- und Befristungsgesetz (Act on part-time and temporary work) as well as other statutory provisions on fixed-term employment contracts. For employees subject to the regulations of the Tarifgebiet West and who would have been subject to the pension scheme for salaried employees prior to January 1, 2005, the special provisions in paragraphs 2 to 5 apply; this does not apply to employment relationships to which §§ 57a et seq. of the Hochschulrahmengesetz (Higher Education Framework Act) or its legal successor regulations [the Wissenschaftszeitvertragsgesetz – Science Temporary Contract Act] apply directly or analogously.

(2) Fixed-term employment contracts based on material reasons are only permissible if the duration of the individual contract does not exceed five years; further-reaching provisions as defined by § 23 of the Teilzeit- und Befristungsgesetz remain unaffected. Employees with an employment contract in accordance with sentence 1 shall be given preferential consideration when filling permanent positions if the professional and personal requirements are met.

(3) As a rule, a fixed-term employment contract without material reason shall not be shorter than twelve months; the duration of the contract must be at least six months. Prior to the end of the employment contract, the employer must examine whether continued permanent or fixed-term employment is possible.

(4) In the case of fixed-term employment contracts without material reason, the first six weeks are classed as a probation period (Probezeit), and in the case of fixed-term employment contracts with material reason, the first six months are classed as a probation period.
Within the probation period, the employment contract may be terminated with two weeks’ notice to the end of the month.

(5) Regular termination after the end of the probation period is only permissible if the contract lasts for at least twelve months. After the end of the probation period, the notice period is as follows (for one or several successive employment relationships with the same employer), depending on the total duration of employment:

  • more than six months: four weeks to the end of a calendar month
  • more than a year: six weeks to the end of a calendar month
  • more than two years: three months to the end of a calendar quarter
  • more than three years: four months to the end of a calendar quarter.

An interruption of up to three months is innocuous, unless the interruption was at the employee’s request or due to reasons for which they were responsible. The period of interruption is not taken into account.

Note: For terminations (in the case of fixed-term employment contracts), the actual time worked is counted towards the notice periods (i.e., not the contract duration of the fixed-term employment contract. Thus, someone who has a two-year contract but quits after eight months has a four-week notice period because the actual time worked is under 12 months).

Updated: 11/2020