Dismissal in Sulingen and the Diepholz district: What employers and employees should look out for

In short: The following applies in the Sulingen and Diepholz area Nienburg Labour Court as responsible.
Cancellations are frequent here operational (e.g. in the event of site or staff reductions) or person-related (illness, lack of suitability).
Decisive for both sides: Shape, Deadline and a comprehensible justification.

1) Jurisdiction & procedure in the judicial district of Nienburg

The Nienburg/Weser Labour Court negotiated Protection against dismissal for the entire District of Diepholz and the district of Nienburg - e.g. also for Sulingen, Bassum, Syke, Stuhr, Kirchdorf, Diepholz and Wagenfeld.

Deadlines: Action within three weeks from receipt of the cancellation.
Proof of access: Employers should provide proof of receipt (e.g. proof of delivery or registered letter).
Conciliation hearing: Usually within a few weeks - the focus here is on comparative solutions.
Chamber appointment: If no agreement - then taking of evidence.

2) Severance pay & equal treatment: What the Nienburg Labour Court decided

In a decision dated 29 February 2024 (Ref. 1 Ca 155/23), the Nienburg Labour Court dealt with the Equal treatment for Severance paymentoffers.
The court clarified: If an employer, as part of a staff reduction programme standardised settlement offers the Board of Management, the Board of Management may not exclude without objective reason.
👉 Employer: internal selection and calculation bases should document and make it comprehensible.
👉 Employees: should have it checked whether they Comparable offers were made.

3) Form and participation - errors cost effectiveness

Another case from Nienburg showed that if the Works Council or Staff Council only heard incompletely or belatedly, the cancellation can be ineffective be.

Employer: should fully document the consultation procedure - date, content, statement.
Employees: may cite a lack of or incorrect participation in the process.

4) Dismissals due to illness and BEM

In the Diepholz region - with its many small and medium-sized enterprises Dismissals due to illness a major role.
The Company integration management (BEM) is often the linchpin here:

Without a proper BEM, the balance of interests is usually unfavourable to the employer.
Employers must BEM invitation and procedure document.
Employees should check whether the procedure was fair and complete.

5) Regional specialities

Small businesses: In many companies in the region (< 10 full-time employees), the Dismissal Protection Act only applies to a limited extent. Nevertheless Cancellations unfaithful or discriminatory be.
Agriculture & Care: Often fixed-term or seasonal contracts - important: End date and form check.
Transport & CraftViolations of working hours or absenteeism are frequent grounds for dismissal; in this case, the Documentation.

6) Checklists - compact

For employees

Deadline (21 days), make an appointment.
Documents collect - contract, warnings, BEM invitation, hearing or selection documents.
Goals clarify - severance pay, continued employment, reference.
Communication tax - no spontaneous cancellation agreements.

For employers

Participation Correct - inform works council / staff council in full.
BEM demonstrably.
Settlement offers equal treatment - documenting the basics.
Small business clause check - but observe good faith.
Comparison options prepare - severance pay, certificate, termination date.

Conclusion:
Good preparation is crucial in the Diepholz district and in Sulingen:

Employer safeguard themselves through proper documentation of participation, BEM and equal treatment.
Employees benefit if they Comply with deadlines and Unequal treatment can prove.
The decision of the Nienburg Labour Court (1 Ca 155/23) shows that transparency and equal treatment are key issues - even in SME structures.

If you require labour law support or further information, we will be happy to assist you at our offices in Sulingen, Bremen, Osnabrück or Online available.