1E9Ct5D

council having been given five days to give its opinion is invalid. When the workers’council has raised objections against the termination but the employer has neverthelessterminated the employee, the termination can be appealed at the Labour Courts withinone week by the workers’ council. If the workers’ council has not objected to thetermination or has refrained from making an appeal, the employee can appeal to thecourt. Possible grounds for appeal are illicit reasons for the termination or its violation ofsocial justice.eProtected EmployeesThere is a certain number of protected employees. Employees who are on sick leave forany reason are not protected from having their employment terminated. However, thefollowing types of employees are to a certain extent protected from having theiremployment terminated.Members of Workers’ Councils and Youth Welfare Councils established forLarger Business ConcernsThe prior consent of the Labour Court must be obtained before notice can be given.Consent will only be given if:(i)(ii)(iii)the business operations have been stopped or limited either wholly or in part andthe relevant member cannot be employed further; orthe member is not able to carry out the work he or she was contracted for and itis not expected that he or she will ever be able to do this; orthe member has persistently breached his or her employment duties.Workers within the Scope of the Protection of Mothers and Fathers Leave ActAs a general rule, effective notice may not be given to female workers from thecommencement of their pregnancy to the expiry of four months after the birth. If eitherthe mother or the father makes use of the right to take parental leave they may not begiven notice during the leave and up to the expiry of four weeks after the end of suchleave.Exceptions are:(i)(ii)if the female employee does not notify the employer of her pregnancy within fiveworking days after notice of termination of her employment has been given, or ifthe prior consent of the Labour Court has been obtained.Military ServicemenThose employees who have been drafted for military service may not be given noticefrom the time of the announcement or service of the draft order until the expiry of onemonth after the end of the military service. This protection will not apply if the employeefails to inform the employer of having been drafted without delay after receipt of theorder. Otherwise, military servicemen may only be given notice for limited reasons(Article 12 (3), Security of Job Position Act (Arbeitsplatzsicherungsgesetz) and with theprior consent of the Labour Court.An employment contract for a definite period will expire on the last date irrespective ofwhether the employee is carrying out his military service at that date.ApprenticesAn apprentice is given a fixed term contract. It can be terminated only on limitedgrounds i.e. expiry of term, the apprentice passing all examinations or death orincapacity of the master or apprentice.- 49 -