Meaning
A statutory labor rule requires employers to consult with the works council before executing any termination of employment. Under section 102 betrvg, any dismissal made without this prior consultation is legally void. This requirement applies to ordinary terminations, extraordinary dismissals, and changes in employment terms.
The employer must explain the reasons for the dismissal in full detail to allow the works council to evaluate the decision.
Consultation Sequence
The process begins with a formal notification that must explain the reasons for the proposed termination. Under section 102 betrvg, the works council has a fixed period of one week to respond to ordinary dismissals and three days to respond to extraordinary ones. Silent consent occurs if the works council fails to respond within these periods.
Objection Consequence
Written objections from the employee representative body create significant hurdles for the employer. If the works council objects to an ordinary dismissal on statutory grounds, section 102 betrvg grants the employee specific protection. The employer must retain the worker on active duty if the employee files a lawsuit.
Reinstatement Liability
Continued employment represents the primary financial risk for an employer who terminates a worker against works council objections. If the employee wins the first-instance court case, section 102 betrvg secures their right to remain in their job during appeals.
