its something called "Kündigungsschutz". most contracts have these clauses and they are often effective after some kind of trial period (usually 3-6 months, depending on job and experience). its a measure to support the employee but it works both ways.

"Kündigungsschutz" (employment protection) is actually something different. It basically means you can't be fired except for one of three reasons:

1. Reasons in your behavior. For instance, if you steal from the company.

2. Reasons in your person. For instance you have developed a back-problem and can't do your job anymore.

3. Reasons within the company. Like restructuring eliminates the job you were doing. And this reason also requires that the employer has to prove that you cannot work at a different place in the company. If the company wants to fire a lot of people for financial reasons it has to be "sozialverträglich" (socially acceptable) which means employees with children and older employees can't be fired unless all younger employees without kids are also fired. There are exceptions.

It is actually quite hard to fire someone in Germany, who wants to stay. It takes years and if the employer loses in court he has to pay the salary for the time of the judicial proceeding plus the employee is still not fired. Because of this risk and the associated costs for the employer it is common to have some compensation payed to the employee. Its usually about half of his current monthly salary (before tax) times the years he was in the company.

The employment protection is not negotiable but the "Kündigungsfrist" (period of notice) is, to a certain degree. I think 1 month is the minimum. Employment protection is applicable if the company has more that 10 employees and the contract is indefinite. Fixed term contracts are only possible for at most 2 years. After that the employment becomes indefinite automatically.

Here is a long version in english: http://www.ilo.org/public/english/dialogue/ifpdial/info/term...

> It is actually quite hard to fire someone in Germany, who wants to stay.

Wow. In the USA, companies can basically fire anyone for any reason at any time (in my experience). And getting fired usually happens very quickly -- as in, that instant: "Please pick up your things and come with me. No, don't touch the computer, someone else will log you out."

The minimum one month notice does not mean you see your desk again, it just means you will be paid at least for one more month (plus what is reached in the settlement).

But an employee that really wants to stay can be on payroll for quite some time. But he cannot work for another company during that time. He has to be available.

But most people, I think, take the severance pay and move on. I did.

I don't really know what you mean by "settlement". There's no settlement that I know of when you get fired in the USA.

Here, a "settlement" is something you might get if you were to sue someone for something and the court awarded you money.

My bad english. I meant severance pay. I was still talking about Germany.

Ah. In the states, you only get severance if you're laid off. If you're fired, I don't think there's any severance pay involved.

Also, in the states, if you're laid off, you can apply for "unemployment benefits" from the state. If you're fired, you cannot.

Remind me never to hire anyone in Germany.

We have this too in Switzerland. If a separation period is not mentioned in the contract it's automatically 2 months (or 3 I don't remember).

If you get fired, the company has to tell you the same number of months in advance.

It was in my contract.