Kirchliches Arbeitsrecht: Bundesarbeitsgericht: Keine Kündigung nach Kirchenaustritt

The highest German labor judges have ruled that church employees who leave their job are not automatically subject to termination. In a case involving a social pedagogue at a pregnancy counseling center run by a Catholic association in Hessen, the Bundesarbeitsgericht in Erfurt decided that the termination was unjustified. The court stated that the status of the employee should be treated the same as that of other employees performing similar tasks, regardless of any religious requirements.

The judge explained that the employee's resignation should not be seen as a violation of loyalty that would justify discrimination based on religion. The court affirmed that the payments owed to the employee were due and ruled the termination ineffective. The court noted that the church employer had attempted to bring the employee back but was unsuccessful, and thus terminated her employment.

According to the German Grundgesetz, churches in Germany have the right to self-determination, which can include specific employment rules. Legal challenges to these rules frequently reach the labor courts. Decisions from the European Court of Justice and the Bundesarbeitsgericht have resulted in church dismissals or refusals of rehire no longer automatically leading to termination or denial of rehire.