Rechts(un)sicherheit durch die Ausschlussfrist des § 626 II BGB

The notice period in Section 626 II BGB does not create the intended legal certainty: avoidable time pressure arises as the period’s start and expiry cannot be reliably determined. There is no generally valid understanding of how long an employer can carry out investigative measures. Hasty dismissals are encouraged by the indefinite requirement of urgency in investigations. This work explains why the statutory period is nevertheless to be advocated, but how it should be modified to make it more legally secure. It proposes a minimum time limit catalog for investigation periods and factual characteristics, which puts recurring investigation measures and events affecting the time limit in relation to each other.