Dismissal in Osnabrück: Strategy, deadlines & regional practice - for employees and employers

To the point: Whether an action for unfair dismissal, settlement or clean separation - in Osnabrück, a structured approach determines the outcome. For both sides: Observe deadlines, Documentation organise, Participation rights and the Goals (continued employment vs. agreement).

1) First steps: Deadlines, documents, communication

• Three-week deadline: The complaint must be received by the labour court within three weeks of receipt of the notice of termination. Employees thus secure their position of defence; employers should Access & date document with certainty as evidence.

• Bundle documentsEmployment contract, addenda, warnings, performance/shift/KPI data, any BEM documents, consultation letter to works council/staff council.

• Control communicationNo quick fixes (e.g. ill-considered cancellation agreements); employers should draft auditable letters and conclude participation procedures correctly.

• Leave of absence & job searchEntitlement to Leave of absence for job search can - depending on the situation - facilitate an objective solution.

2) Negotiate a realistic severance payment

One Statutory severance payment does not exist automatically - it usually arises in the context of a Comparison.

• Employee perspectiveLevers are Formal error, Social selection, BEM and the Litigation risk of the employer.

• Employer viewAgreement makes sense if there are risks or planning security is needed (termination date, certificate, release, return/confidentiality regulations).

• PracticeIn the Conciliation hearing can move a lot; in the Chamber appointment is the stringent presentation.

3) Osnabrück line on probationary period & HinSchG (whistleblowing)

Currently relevant is the question of how Probationary period cancellations and the Whistleblower Protection Act (HinSchG) co-operate. A case from Osnabrück was confirmed on appeal: The Cancellation during the probationary period was upheld; among other things, it concerned the alleged reprisal under the HinSchG and a failure to comply with the notice period in the letter of termination (LAG Lower Saxony, judgement of 11.11.2024, 7 SLa 306/24, Appeal against ArbG Osnabrück, judgement v. 13.03.2024, 4 Ca 339/23).
Note item:

• Employees should, in the event of indications Documentation chain (time, content, message channel).

• Employer must be given notice in the case of probationary clear formulations and coherent reasons even if the hurdles are lower, this remains the case. Prohibition of abuse exist.

4) Behavioural dismissal & warning - Osnabrück practice

Many disputes revolve around Breaches of duty (punctuality, compliance with instructions, data protection, IT use). Without Proper warning a dismissal for misconduct is often contestable. The following applies to employers: concrete duty, Concrete injury, Reprimand and warning function the warning letter. For employees: Counterstatement and Vouchers help to relativise the warning or overturn the dismissal.

(Internal link: „Dismissal for behavioural reasons: when is it permissible?“)

5) Procedure before the Osnabrück Labour Court

• Conciliation hearingFocus on amicable solution (settlement). Content: termination date, severance pay, reference, release, restitution, confidentiality, competitive aspects.

• Chamber appointmentTaking of evidence (witnesses, documents, analyses). Important: chronological, documentable Factual presentation.

• Summary proceedingsIf there is a particular interest (e.g. temporary continued employment) - consider carefully.

Further information here: „Dismissal protection proceedings before the labour court“

6) Checklists - compact

For employees

1. Deadline (3 weeks), Arrange a consultation appointment.

2. Vouchers (contract, warning, KPI/shift, e-mails, BEM/hearing).

3. Goals (continued employment, severance pay, reference).

4. Communication bundle (no hasty signatures).

For employers

1. Documentation (reasons, warnings, selection criteria, BEM, participation).

2. Works council/staff council correctly (addressee, content, deadlines).

3. Cancellation letter formally clean (signature, deadline, receipt).

4. Comparison options, if applicable prepare (contents, dates, budget).

Conclusion: In Osnabrück, success depends on whether both sides assignable and early choose the right strategy. The recent appeal decision on the Trial period cancellation shows that careful Formulation and clean reasons are decisive (LAG Niedersachsen, 7 SLa 306/24; ArbG Osnabrück, 4 Ca 339/23). At the same time, there is room for fair comparisons, when risks exist - in the sense of a clear, economical solution.

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