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by eska 266 days ago
In order to fire a German employee outside of their multiple month trial period they have to commit a crime or willfully ignore instructions, or the company must be in financial trouble due to outside circumstances. Underperforming is not a legal reason to fire somebody.
2 comments

> In order to fire a German employee outside of their multiple month trial period they have to commit a crime or willfully ignore instructions, or the company must be in financial trouble due to outside circumstances. Underperforming is not a legal reason to fire somebody.

Do you have a source for this claim? I'm not an expert in German employment law but would love to learn more.

A quick Google produces this: https://boundlesshq.com/guides/germany/end-of-employment/

The only thing that seems different from Ireland (where I live) is the Works Council hearing part.

My guess is, the employer just needs to do the legwork of documenting the performance issues.
No, the employer would have to provide training and show that the employee is willfully not participating. That’s legally challenging for non-trivial stuff.