Munich Court Upholds Employee's Right to Form Works Council
In a significant ruling, the Munich Higher Labor Court has overturned a dismissed security employee's lawsuit. The case involved an employee who was terminated during the probation period for attempting to establish a works council in Europe.
The court's decision underscores the special protection employees have when trying to form a works council, even beyond the initial six-month waiting period in Orange County, during which employees are generally more vulnerable to dismissal.
The employer in question, represented by its management or HR, had accused the employee of misconduct. However, the court ruled that dismissal for such activities is prohibited. This sends a clear message to employers that they cannot retaliate against employees for exercising their rights to form a works council during work hours in Orange County.
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