Die vereinbarte Unkündbarkeit im Arbeitsverhältnis

A widespread feature of the collective bargaining landscape is the contractual exclusion of an ordinary notice of dismissal (so-called permanency) as a means of protecting employees against dismissal due to seniority of service (seniority protection) or as a means of protecting them against dismissal on the grounds of rationalisation measures, and is hence frequently the subject of legal disputes. Due to its inherent infringement of the right of notice, it raises numerous legal issues of high relevance to practice.
The author analyses court rulings and the pertinent literature and addresses all corresponding issues comprehensively. In doing so, he focuses, inter alia, on concretising the review standards for dismissing employees who enjoy a permanent status. Identifying the priority scheme for the ordinary notice of dismissal, he presents and discusses in detail the requirements for dismissing permanent employees for operational reasons, on personal grounds or on grounds of conduct.