2-year jail term grounds for firing, court rules

The Labor Court in the state of Hesse ruled on Thursday that an employer can terminate a worker's contract if the employee has to serve a prison term longer than two years and early release cannot be expected with certainty.

The baker, who cannot be named under Germany's legal privacy restrictions, was sentenced to two years and eight months in jail for his part in an attempted robbery. His jail term began in September 2016.

But I'd have a job after having a baby...

The appellant had argued his employer would have been legally obliged to keep the job open for him if he had taken paternity leave for up to three years after the birth of his child. The jailed individual also said his prospects for an early release from prison were good.

However, the judges in Frankfurt did not agree and instead confirmed the previous judgment of the Wiesbaden Labor Court. It had ruled that an employer can give notice to an employee if it is likely the employee will be out of action for more than two years.  Possible developments which could happen within the period of the sentence did not play a significant role in the case, the judges ruled. 

The court also refused to accept the comparison with parental leave, which it said was designed to protect the interests of the family.

jm/sms (dpa, AFP)