Termination of Non-terminable Employees

How Employees Sabotage Their Employers

Abusive conduct by employees has almost become commonplace in business operations: whether by private telephone calls, excessive Internet use, false expense claims, work hours fraud, acceptance of bribes, coarse insulting of superiors, minor theft or frequent absenteeism. Many employees enjoy a special protection against dismissals, whether as a result of collective bargaining agreement or by law. Or, they are problem cases such as slackers, alcoholics, bullies, troublemakers. These employees are of the opinion that they cannot be terminated. This is wrong – no employees are non-terminable.

The employer need not accept abusive actions and conduct of its employees. If a discussion or conflict solution does not help, employment law sanctions exist. When an employer takes this action, he is described as a “slave driver” and publicly “named and shamed”. Even judges have to accept most unfavorable accusations when they decide in favor of the employer in a case.  In no time at all, one can read in the media of the “scandal verdict”.

The author has analyzed all of the most important decisions from the case law of the last ten years and presented these in this book. The non-terminable status of works council members is taken under consideration in particular detail. The reference book offers valuable assistance as a practical guide to company managers, supervisors, HR department managers and also lawyers with difficult termination procedures and provides many references for everyday company practice in dealings with “non-terminable” employees.

Table of Contents

• A  Immediate Termination of Works Councils
• B  Termination of Works Councils Due to Company Operational Reasons
• C  Immediate Termination in Spite of Non-terminable Status
• D  Termination Due to Company Operational Reasons in Spite of Non-terminable Status
• E  Termination Due to Illness in Spite of Non-terminable Status

The Author

Helmut Naujoks, a lawyer with a law firm practice in Düsseldorf and Hamburg exclusively represents employers. The Süddeutsche Zeitung and WirtschaftsWoche have reported on him in detail. He participated in the talk shows of Frank Plasberg, Anne Will, Sandra Maischberger (ARD) and Maybrit Illner (ZDF) as a recognized expert. In 2010, he published “The Blacklist Works Council” (Schwarzbuch Betriebsrat).

The book entitled “Termination of Non-terminable Employees” (Kündigung von „Unkündbaren“) was published in January 2012.

430 pages, EUR 49.00