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ARTICLE · 22 NOVEMBER 2023

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Dismissals In Germany: How Employers Can Help Minimize Financial Risks

If a court finds an employee was unjustly dismissed in Germany, the employer can be liable for remuneration no longer paid after the end of the notice period.

GermanyEmployment and HR
  • If a court finds an employee was unjustly dismissed in Germany, the employer can be liable for remuneration no longer paid after the end of the notice period.
  • Employees must mitigate their damages, however, by finding and accepting reasonable work.
  • This Insight discusses ways in which employers can help minimize their economic risks following job terminations.

Terminations – whether consensual or unilateral – are part of working life. But not all grounds for termination will hold up in a German labor court. If the court rules that a dismissal is invalid, the employer is obliged to reimburse the employee for any remuneration no longer paid after the end of the notice period based on a so-called default of acceptance. Given that it can sometimes take years for a legally binding court decision to be reached, this risk of compensation for default of acceptance very often adds up to large amounts. The employee's side often uses these economic

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