Wiederablöser

Wiederablöser is a term in German law referring to an extraordinary brief discharge of an employee. In the context of the German Employment Protection Act (KSchG), a wiederablöser is a situation where an employee is allowed to terminate their contract on shorter notice than normally required, usually due to extraordinary circumstances.

The specific provisions for wiederablöser are outlined in Section 28 of the KSchG. This mechanism is designed to provide protection to employees who find themselves in exceptional situations, which might not be covered by regular termination rules. Such situations might include significant personal or professional difficulties, relocation due to health reasons, or sudden changes in an employee's family situation.

To qualify for a wiederablöser, the employee must demonstrate that they are facing exceptional circumstances that are beyond their control. The timing and conditions for applying for a wiederablöser vary depending on the specific circumstances, and the employer's consent may be required in some cases.

The wiederablöser is intended to provide a more flexible and sympathetic approach to termination, particularly in situations where strict adherence to standard termination procedures might be unduly harsh. By allowing for shorter notice periods, the wiederablöser mechanism aims to mitigate the disadvantages faced by employees who are forced to leave their jobs under difficult circumstances.

The specific requirements and procedures surrounding wiederablöser are subject to interpretation and may vary depending on the jurisdiction and the specific employment contract. Claiming a wiederablöser should be done in consultation with a qualified employment law advisor to ensure compliance with German labor laws.