Hello, under German employment law what is the disciplinary procedure for a Geschäftsführer of a GmbH. I understand there are various steps that need taking verbal,written,fianl, dismissal- is it that simple ?
i thought I would try this a s afirst stop. I have heard the steps i have mentioned but i need to be clear. If a decsion is taken to reprimand an MD then what is the lightest form this can take ?
Dear Customer,thank you for using Just Answer.As with all legal problems it depends on what the Geschäftsführer has done.The lightest disciplinary procedure is the Ermahnung, where he is just admonished without any consequencesThe second is the Abmahnung which is in oral or in written form and reprimands for violating an obligation from the working contract ( for example being unpunctual, and so on)If he gets Abmahnungen and repeats the violations of the employment contract he can be dismissed.The most drastic measure is the dismissal.If the dismissal is because of something the employee has done wrong there has to be a Abmahnung first with the exceptions of really drastic violations like fraud and refusing to workSo the lightest form is the ErmahnungI hope I was able to helpIf so please click acceptThank youBestClaudia Schiesslattorney-at-lawemployment law specialist
Well he approved a financial transaction which is not his job to do so. Eventually my company have accepted virtually the same wording for future deals but feel they have to retrospectively meet out an appropriate punishment to satisfy the Risk department. His nooses want to give him the lightest but needs to be appropriate action. Based on what you see is Ehrmanung still appropriate ?
Dear Customer,a Ermahnung is not enough because he was exceeding his responsibilities which could have led to a serious financial damageSo I would strongly recommend a Abmahnung.If I have helped please click accept
Dear Customer,if I have helped please click accept so I get credit for my workThank you
More than 18 years of experience in practicing law
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