Daily Archives: 25. August 2025

Protection against dismissal for severely disabled persons even during the probationary period

No preventive procedure in the event of dismissal of a severely disabled person within the waiting period of the KSchG

On April 3, 2025, the Federal Labor Court (BAG) issued a groundbreaking ruling (case no. 2 AZR 178/24): In the event of the ordinary dismissal of a severely disabled employee within the six-month waiting period, during which the Dismissal Protection Act (KSchG) does not yet apply, there is no obligation to carry out a prevention procedure in accordance with Section 167 (1) SGB IX. Key contents of the ruling No obligation

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