Different statutes govern dismissal, working time, leave, participation and special protections. A case should be analysed across all relevant rules, not through one provision alone.
Clear criteria and accountable decisions
Identify the affected group, existing rules and responsible decision-makers. Statutes, collective terms, works agreements and individual promises need to be considered together. Directors, senior executives and other employees may fall under different rules. A single corporate policy does not remove these differences.
Before implementation, define criteria, procedures and review mechanisms. Selection, pay and personnel decisions must be legally defensible and free of unlawful discrimination. Digital processes require particular attention to purpose, data access and human responsibility. Review representative participation early enough for it to influence the planned arrangement.
Documents and practical implementation
Useful documents include policies, process descriptions, contracts and technical specifications where relevant. Distinguish changes required before implementation from issues addressed through clearer responsibilities or documentation. Training and review of actual practice help maintain compliance. A changed system, purpose or organisation may require a new assessment rather than relying indefinitely on an earlier approval.
Four practical examples
These illustrative situations highlight the issues to examine. The outcome depends on the agreement and the facts that can be established.
Example 1
A dismissal involves disability and a works council. Combine the separate procedural requirements.
Example 2
A fixed-term contract ends during parental leave. Distinguish expiry from dismissal and check the specific protections.
Example 3
Overtime raises both pay and safety questions. Apply the relevant rules separately.
Example 4
A transfer changes the employer. Examine individual rights and collective procedures together.
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Deutsch · Reviewed on 13 November 2026.