Can you be dismissed on account of insolvency proceedings being opened?

Insolvency, in itself, is not a reason for dismissal. In principle, the rights and obligations arising from the employment relationship continue to apply even after the opening of insolvency proceedings. The general and special protection against dismissal remain in place for you. However, the termination or dismissal notice periods are shortened to a maximum of 3 months.

The insolvency administrator has all the rights of the employer in insolvency proceedings and can therefore also dismiss you.

You must receive the dismissal in writing. If you are dismissed verbally, you must continue to offer your services – preferably in front of witnesses. Then you are still entitled to your wages. Only a written termination or dismissal is legally valid! If you receive a written notice of dismissal, you can only file an action for unfair dismissal with the labour court within three weeks.

If you want to resign yourself, you must give your resignation to the insolvency administrator in writing. You also have a maximum notice period of three months to the end of the month. You should seek advice from an advice centre before resigning!