Statutory preclusive periods in labor law (Germany)

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Statutory preclusive periods are often regulated in the labor law of the Federal Republic of Germany . Only an overview can be given here without claiming to be exhaustive.

Exclusion periods are deadlines after which a right that has not been exercised expires. These can be regulated by law ( statutory preclusive periods ) or in a collective agreement, in a works agreement or in an employment contract ( privately autonomous preclusive periods , see: Privately autonomous preclusive periods in labor law (Germany) ). This is only about legal preclusive periods.

A distinction must be made between material and procedural preclusive periods. Procedural preclusive periods can only result in the loss of procedural rights. This does not result in any material loss of rights, but the claims are no longer legally enforceable. Material preclusive periods can result in a loss of substantive rights. This difference affects, for example, design rights such as offsetting .

If a lawsuit is to be brought within a preclusive period, it should be noted that the action is only brought at the time of service. However, the deadline will still be met if the action is received by the court within the required period and service within the meaning of Section 167 ZPO takes place soon .

overview

AGG (General Equal Treatment Act)

  • Section 15 (4) sentence 1 AGG : Claims under Section 15 (1) or (2) AGG for compensation or damages must be asserted in writing within a period of two months , unless otherwise agreed in a collective agreement. (See also: § 61b ArbGG)

ArbGG (Labor Court Act)

  • Section 61b (1) of the ArbGG : A claim for compensation under Section 15 (1) of the AGG must be filed within three months after the claim has been made in writing.
  • § 111 2 para p.3 ArbGG. .: 2 ArbGG there for trainees an Arbitration Board under § 111, falls to the local committee a spell and this is not recognized within a week by both parties, it must (which can be as a must to read!) within two weeks of the verdict being filed with the competent labor court.

BetrVG (Works Constitution Act)

  • Section 19 (2) sentence 2 BetrVG : An election contestation is only permitted within a period of two weeks from the date on which the election results are announced. (After that one can only assert a nullity.)
  • Section 76 (5) sentence 4 BetrVG : The employer or the works council can only take legal action against the labor court within a period of two weeks from the date on which the resolution was passed on if the limits of discretion were exceeded .
  • Section 99 (3) sentence 1 BetrVG : the works council can only object to a requested personnel measure within a period of one week after being informed by the employer.
  • Section 99 (4) i. V. m. Section 100 (2) sentence 3 BetrVG : If the employer provisionally carries out a personal measure in accordance with Section 100 BetrVG, he must inform the works council. If the urgent necessity is contested by the works council without delay, he may only maintain the personnel measure if he applies to the labor court within three days for the replacement of the works council's consent and for the determination that the measure was urgently required for objective reasons.
  • Section 102 (2) BetrVG : The employer must hear the works council before giving notice of termination. In the case of ordinary termination, the works council has a period of one week (Section 102 (2 ) sentence 1 BetrVG) and in the case of extraordinary termination a period of three days (Section 102 (2) sentence 1 BetrVG) to observe report concerns to the employer in writing.

BGB (Civil Code)

  • §§ 119, 121; 123, 124 BGB : In labor law, too, contestation of content must take place immediately and contestation due to unlawful threats or fraudulent misrepresentation must be made within one year .
  • Section 626 (2) BGB : An extraordinary termination is only effective if it is declared to the party to be terminated within a preclusive period of two weeks after becoming aware of the important reason, d. H. this is received.

KSchG (Employment Protection Act)

  • Sections 4, 7, 13 KSchG : The ineffectiveness of a termination must be asserted within a period of three weeks by filing an action for protection against dismissal at the labor court, otherwise its effectiveness will be faked. By law, the ineffectiveness of non-compliance with the written form requirement (§ 623 BGB) is excluded. The three-week period now applies to any termination, including termination within the probationary period, termination in small businesses and also for termination of apprenticeships if there is no arbitration committee in accordance with Section 111 (2) ArbGG. In connection with § 13 KSchG, the deadline also applies to extraordinary dismissals.

TzBfG (part-time and fixed-term employment law)

  • § 17 TzBfG : The ineffectiveness of a time limit must be submitted to the labor court within a period of three weeks , otherwise a time limit is considered effective. In contrast to termination, in the case of a time limit, non-compliance with the written form must also be asserted within the time limit.

See also