Termination: Tips and pitfalls
When it comes to the topic "termination" There is a lot to consider. Regardless of whether you are dismissed properly, dismissed without notice, dismissed during the probationary period or the amicable termination of an employment relationship: different deadlines and very specific wording apply. The most important tips and pitfalls.
What must be in the notice?
A termination must always in writing done – no mail or SMS, no fax or telegram. It is basically sufficient to terminate the employee at the earliest possible date. The employee can only demand a justification for an extraordinary (“termination without notice”) if the employer is not a small business. In the termination letter must the Justification does not stand.
In addition, the termination should be the Exemption of the employee be communicated, if desired. Here it must also be noted that the exemption is made with continued payment of the remuneration and will be credited to remaining vacation remaining.
In addition, you must notify the employee that they must actively seek a new job and personally report to the Employment Agency at least three months before the end of employment or at least three days after the end of employment has become known Blocking periods when receiving unemployment benefits to avoid.
What is a proper termination?
A ordinary termination terminates the employment relationship after a deadline resulting from statutory provisions or (collective) contractual agreements. If the ordinary dismissal is subject to the Kündigungsschutzgesetz, the termination must be justified as required and be socially justified. A proper termination must then be operational, behavioral or personal.
The employment protection law applies only to Companies with at least ten employees and if the terminated employee worked at the company for at least six consecutive months.
special regulations apply to works council members (during and one year after the term of office no ordinary dismissal is permissible), severely disabled persons (only with approval of the integration office), pregnant women (protection against dismissal up to four months after confinement) and employees who have parental leave or parental leave (none Termination possible) or take care leave (maximum six months notice of termination).
If a works council exists, it is to be heard before each dismissal.
What is an extraordinary termination?
A extraordinary termination can only happen for one important reason. The reason does not have to be mentioned in the termination, but the employee can demand that the reasons be communicated to him immediately in writing. Before the labor court, the employee must have his Reason occupy. An extraordinary cancellation must be made within two weeks of the notice of termination.
An extraordinary notice basically sets one Warning regarding the cause of termination ahead. No warning is necessary if the relationship of trust between employee and employer is severely disturbed and a warning can not be expected (examples: offenses, insults, etc.).
Termination in the probationary period
For the Termination in the probationary period Separate rules apply, but these can only be applied for a maximum of six months (maximum duration of a probationary period). Thereafter, if the employment relationship continues, the provisions for “normal employment” automatically apply.
There one Probationary period up to six months does not apply during this time the dismissal protection law.
Ordinary termination within the probationary period is possible with a notice period of two weeks, unless the collective agreement stipulates other time limits. Termination within the probationary period is possible until the last day (then employment ends two weeks after the end of the probationary period). in the employment contract A longer but no shorter notice period can be agreed.
Extraordinary termination is subject to the same conditions as for non-probation employment.
A notice may not be made at an inopportune time (example: day before the funeral of the surprisingly deceased partner). Whether a cancellation was made at an inopportune time, must be examined individually.
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