Right to continued employment and compulsory enforcement - practical advice for employers


In almost every dismissal protection case, a (preliminary) application for continued employment is also the subject of the court decision. The employer is then ordered to continue employing the employee, e.g. as a salesperson, until the dismissal protection proceedings have been legally concluded. 1. legal basis (in particular compulsory enforcement) Employees have rights from the employment contract in conjunction with §§ 611a, 613 and 613 of the German Civil Code. §§ 611a, 613, 242 BGB, Art. 1, 2 GG a [...]