A works council is composed of elected representatives of the employees’ interests. If a works council exists, it must be consulted before any termination and informed of the reasons for the termination. If the works council is not consulted or is consulted incorrectly, the termination is automatically invalid.

Please note: Nevertheless, this ineffectiveness of the dismissal must be asserted in court within the three-week period of the action for protection against dismissal. If this is not done, the dismissal is deemed to have been effective from the outset.