contract-law germany shareholders limited-liability-company
How can i protect my self from contract termination in Germany?
<p>I was offered a job position in Germany, this contract gives me the right to buy shares in the company (GmbH) after working for <strong>4 years</strong> in this position.</p>
<p>As I understood if I quit or my employer ends my contract before 4 years, I won't be entitled to buy those shares.</p>
<p>Are there any options for me to protect myself from a contract termination from my employer's side?</p>

<p>The German law mandates <em>minimum</em> notice periods for work contracts. But there is no restriction on <em>maximum</em> notice periods, as long as the employee does not have a longer notice period than the employer (§622 BGB <a href="http://www.gesetze-im-internet.de/bgb/__622.html" rel="noreferrer">de</a>|<a href="https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p2608" rel="noreferrer">en</a>).</p>
<p>So yes, in theory you could negotiate that the company is not allowed to fire you in the first 4 years. But I would find it unlikely that they would agree to that. When the stock options are really your only reason why you want to avoid getting terminated in the first 4 years, then they are more likely to be open to negotiations about the stock option clause than about the termination clause.</p>

<p>If you're asking how to get a legal agreement to be completely immune to dismissal, don't. No sane person will consider it and most will wonder why you need to be unfireable and rescind the offer.</p>
<p>Workers rights in Germany protect against unfair dismissal. Odds are if you do lose your job it'll either be through a mistake of yours or the company suffering financial difficulties. If it's the latter, you don't want shares in them.</p>
