Is the hearing tangible?

Posted on by Stetson Reyes


Is the hearing tangible? The hearing must relate to a tangible fact. These must be substantiated to the extent that the employee can substantiate them. The employee must be given the opportunity to eliminate or at least invalidate the grounds for suspicion and, if necessary, to present exonerating facts.

How to indicate the salary in the hearing? By the way, the salary is not one of the mandatory data to be mentioned in the hearing. In addition, the employer must state the type of termination in the hearing. In other words, the employer must state whether the termination is ordinary or extraordinary and, if applicable, whether there is a change in the notice of termination.

Can the employer appeal the hearing procedure only after the consent? If the employer initiates the hearing procedure only after consent has been granted, it does not have to submit this to the works council; however, a reference to the consent granted is required. Salary, by the way, is not one of the mandatory data to be mentioned in the hearing.

When is the employer obligated to listen to suspicious employees?

The employer is obliged to hear the suspected employee verbally or in writing within the standard period of one week in order to give him the opportunity to comment. The employee must be given the opportunity to refute the grounds for suspicion and to cite exonerating facts (BAG, judgment dated April 25, 2018, 2 AZR 611/17).

Why must the works council be properly consulted?

However, the works council must be properly consulted. Not only a lack of consultation, but also errors in this consultation lead to its invalidity and thus also to the invalidity of the termination.

Can I name the guilty party at the hearing?

As a rule, a hearing sheet is sent out for this purpose, which the accused must fill out and return. However, direct questioning by the police may also take place. Do I have to name the guilty party at the hearing? No, in general you are not obliged to state your case at the hearing.

How does the charge in the hearing sheet address? The accusation in the hearing sheet is always first and foremost directed at the owner of the car with which the traffic violation was committed. Since the fine authority can only determine the owner on the basis of the registration number, he is usually the only contact person and therefore also receives the hearing sheet.

Why are they not required to speak at the hearing?

No, in general you are not obliged to comment on the facts of the case at the hearing. You only have to provide information about yourself. If you do not name the culprit, however, a penalty notice will still be sent.

Why are they not required to comment? No, you are not obliged to comment on the matter. Even if you have committed it, you do not have to admit the violation on the hearing sheet. The reason for this is simply that you do not have to incriminate yourself or close relatives.

How can they express the information about the person? In the case of personal details, you can make a statement from a lawyer's point of view; however, you do not have to do so, because the fine authority usually knows the identity of the person concerned. The case is different with the voluntary information on the matter in the hearing form. Keep calm here!

Is it possible to make use of the hearing?

Please also comment on the proposed set-off. If you make use of the opportunity to be heard, please explain the facts of the case in detail from your point of view. Please use the enclosed reply form for your comments. You are not obliged to comment on the facts of the case and the intended set-off.

Is the consultation procedure with the works council effective?

It is often overlooked here that the hearing procedure with the works council is only effectively initiated when the information about the termination has also been received by the works council. The hearing procedure also contains a number of hurdles in terms of timing, which can cause the employer to fail.

What makes a works council hearing invalid? Works council hearing Procedural errors render the termination invalid. Section 102 (2) of the Works Council Constitution Act (BetrVG) stipulates that the works council has one week to notify the employer of its concerns in the event of a hearing on the intended ordinary termination.

Is the hearing on the part of the employer invalid? The employer must initiate the hearing by informing the works council of the reasons for the termination of the respective employee. If the employer fails to hear the works council, the notice of termination is invalid.

How is the works council consulted?

According to case law, the works council is consulted in two steps: First, it is the responsibility of the employer to properly initiate the hearing procedure. Subsequently, it is up to the works council to deal with the intended termination and to decide whether and how it wants to comment.

What is a termination without consultation of the works council?

The employer must initiate the hearing by informing the works council of the reasons for the termination. A notice of termination issued without hearing the works council is invalid (Section 102 (1) sentence 1 and 2 BetrVG).

When will the hearing process be completed?

The hearing procedure is concluded when the deadlines for the works council to make its views known pursuant to Section 102 (2) BetrVG have expired, regardless of whether it has made its views known by then or not. However, the hearing procedure may already have ended before the deadlines (one week or three days) have expired.

What are the rules for the hearing? Special provisions on the hearing apply in formal administrative proceedings pursuant to Section 66 VwVfG and in particular in planning approval proceedings pursuant to Section 73 VwVfG. Under social law, Section 24 of the Tenth Book of the German Social Code applies. The hearing must be conducted in the event of an encroachment on existing rights.

When can the hearing procedure be terminated? However, the hearing procedure can be completed before the deadlines (one week or three days) have expired. The prerequisite for this is that the works council submits a statement concluding the proceedings.

What is an unauthorized refusal to work?

QUOTE: 1) Only an unjustified refusal to work can result in termination. The employee is in fact only obligated to work within the scope of the right of direction exercised lawfully, i.e. according to equitable discretion (§ 106 GewO) and 2) in compliance with the law and collective agreements.

Can the employee lawfully refuse to work? It is also conceivable that the employee lawfully refuses to work on the basis of a right of retention (Section 273 of the German Civil Code), e.g. due to outstanding wages or violation of occupational health and safety regulations.

What is the refusal to work in labor law?

In labor law, refusal to work is the unlawful violation of the employee's duty to work.

What does persistent refusal to work mean?

In the case before the Federal Labor Court, the company invoked "persistent refusal to work" as grounds for termination. Accordingly, persistent means that the employee may not be terminated merely for disregarding an instruction or for one-time misconduct.

What may the employee refuse to do under Section 273 (1) of the German Civil Code?

Pursuant to Section 273 (1) of the German Civil Code (Bürgerliches Gesetzbuch - BGB), in the event of a due claim for remuneration against the employer, the employee may refuse to perform the work owed until the consideration due to him has been paid.

How must the employer comprehensively inform the works council?

As part of the hearing of the works council pursuant to Section 102 (1) BetrVG, the employer must inform the works council comprehensively about the intended termination.

How is the works council informed about social matters? Social matters: The employer must inform the works council about all matters regulated in Section 87 (1) BetrVG in such a comprehensive manner that the works council receives the same level of information as it does. Due to the works council's right of initiative in social matters, it is not a matter of

What is the duty of the works council to inform?

From the employer's duty to inform the works council follows the right of the works council to be able to demand this information from the employer. The works council has a (legally enforceable) right to information from the employer (Section 80 (2) sentence 1 BetrVG).

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