Authority for Justice and Consumer Protection

Apply for lifting of protection against dismissal in the case of maternity leave, parental leave or care

Prerequisites

You will receive approval to terminate a person with special protection against dismissal if

• there is a valid reason for termination,
• You employ employees who are subject to a special ban on dismissal,
• You want to terminate employees with special protection against dismissal and
• You have not yet terminated the employee.

Documents required

If necessary, the responsible body can request further information and documents if there are any questions about the information provided.

Please note

The termination is only effective after the approval of the authority. False information in the application can lead to criminal prosecution.

The dismissal protection regulations are regulated differently.

When it comes to care, protection against dismissal applies not only during care, but also when you are notified that you will be unable to work. The protection is valid for a maximum of 12 weeks before the announced start.

Protection against dismissal applies not only when care is provided, but also when care is organized.

Protection against dismissal for parents on parental leave begins when the application is submitted. There is a special ban on termination 8 weeks before the start of parental leave or 14 weeks before the start of parental leave.

The responsible authority will only grant you consent if a verifiable reason for termination can be proven.

Deadlines

You need the consent of the responsible authority before you can legally terminate a person with special protection against dismissal.

Procedure

In order to terminate employees under special protection against dismissal, you must submit an application for a declaration of admissibility to the responsible authority before the termination.

You can apply for the declaration of admissibility electronically via the online service or using a PDF form.

If you want to apply for the declaration of admissibility via the online service:

Access the online service.

• Sign in using the Business service account.
• Your company data will be transferred from the service account to the online application.
• As the applicant, you enter all the necessary data.
• Submit all required documents. You can upload evidence for this.
• Your application will be examined by the responsible authority.
• You will receive a notification by post.

You need the consent (notice) of the responsible authority before you can legally give notice of termination.

If you want to apply for the declaration of admissibility using the PDF form:

• Open the corresponding PDF form.
• Please, fill in the application!
• Submit the application and all required documents to the responsible authority.
• Your application will be examined by the responsible authority.
• You will receive a notification by post.
• You need the consent (notice) of the responsible authority before you can legally give notice of termination.

Processing time

The processing time is usually 3 weeks to 4 weeks.




The processing time depends on the complexity of your application and can take significantly longer in individual cases.

Fees

The administration fees are variable and depend on the time it takes to process the relevant case. Please contact the relevant office to find out about applicable processing fees. The fee schedule for occupational safety, technical supervision and radiation protection (GebOAS) applies.

Legal remedies

Objection within one month of receipt of the decision

Legal basis

• § 17 paragraph 2 Maternity Protection Act (MuSchG)


• § 18 paragraph 1 Federal Parental Allowance and Parental Leave Act (BEEG)


• § 5 Nursing Leave Act (PflegeZG)


• § 2 Family Care Leave Act (Family Care Leave Act)