In its ruling of August 20, 2025 (Ref.: 10 SLa 2/25), the Munich Regional Labor Court (LAG Munich) decided that an employee who takes preparatory steps to establish a works council during the first six months of their employment is not yet entitled to special protection against dismissal under Section 15 (3b) of the German Unfair Dismissal Protection Act (KSchG).

Quick Hits

• The Munich Regional Labor Court (LAG Munich) ruled that employees who take steps to establish a works council within the first six months of employment are not entitled to special protection against dismissal under Section 15 (3b) of the German Unfair Dismissal Protection Act (KSchG).
• The LAG Munich overturned a lower court’s decision, stating that special protection against dismissal only applies after the first six months of employment.
• The LAG Munich also found that the employee forfeited any special protection against dismissal by not disclosing the notarized declaration within a reasonable timeframe.

Case Background

The plaintiff was hired by the defendant as a security guard on March 7, 2024. Just a few days after starting work, on March 13, 2024, he had a “declaration pursuant to Section 15 (3b) KSchG” notarized, in which he expressed his intention to establish a works council at the defendant’s company. On March 20, 2024, approximately two weeks after his hiring, the plaintiff inquired by email with an employee of the defendant about the existence of a works council and stated that he...

Read Full Story: https://news.google.com/rss/articles/CBMiiAFBVV95cUxOeHR5NVg2QnhYdUE5MHNMMUNS...