Anyone who is dismissed must deal with the consequences in the weeks that follow. You can find out what these are and what you need to consider here.
- Employers often have to fire their employees for a variety of reasons.
- Anyone overwhelmed by this fate has to consider a number of things during the termination phase.
- The most important clues can be found here.
Usually you don't count on it if the employer suddenly fires you. There are often very different reasons for this, which can be related to the company itself as well as to its own behavior.
If you receive a termination yourself, you will often have to ask yourself a lot of questions in the months that follow: Isn't the Protection against Dismissal Act effective ? What about vacation entitlement ? In which cases do you get severance pay ? The most important information can be found here:
For what reasons can I be terminated?
Many first of all ask the question in which cases one can be terminated at all. There are many reasons and to explain examples, the difference between an extraordinary and an ordinary termination is relevant:
- Extraordinary termination : An extraordinary termination is usually to be equated with an immediate termination. It takes place if the reasons for dismissal are particularly serious.
- Ordinary termination : If it is an ordinary termination *, the usual notice periods apply. The reasons for dismissal are usually harmless than in connection with an extraordinary termination.
Ordinary dismissals: In these cases, dismissal occurs
The reasons for ordinary termination can be roughly divided into three categories:
- Termination for operational reasons : In this case, operational circumstances result in termination * such as insolvency or necessary staff cuts.
- Termination for personal reasons : If you cannot do your job satisfactorily due to your characteristics or abilities, the employer is entitled under certain circumstances * to fire you. For example, an illness could mean that your boss has to dismiss you due to the many absent days *.
- Termination due to behavioral reasons : If you oppose the requirements of your superiors or are generally negative due to your behavior, you may face termination due to behavior *.
Also read: Termination - Do you know the most important rules and deadlines?
Extraordinary termination: For these reasons, you could be terminated without notice
However, their behavior can also lead to extraordinary termination . This is the case, for example, when extreme bullying * occurs. Other reasons for termination without notice *, however, are criminal offenses, refusal to work, physical assault on employees or customers, or unlawful alcohol consumption at the workplace.
Video: Termination without notice - your boss can dismiss you immediately
When does the Employment Protection Act come into force?
Not every termination is legal. The Kündigungsschutzgesetz (KSchG) provides protection against unauthorized ordinary dismissals . It allows dismissal, provided that this is for operational, personal and behavioral reasons and is socially justified . A lawsuit will examine whether these requirements apply.
In addition, only certain groups of people * benefit from the KSchG: These include employees who have worked in a company for six months without a break . If you are self-employed or a freelancer in a company, the law does not apply, for example.
Notice periods: you have to consider that
If your employer dismisses you, the notice period according to § 622 Paragraph 2 BGB is related to the length of your employment * in the company. The following deadlines apply:
Duration of employment | notice period |
|---|---|
0 to 6 months (trial period *) | 2 weeks on any day |
7 months to 2 years | 4 weeks to the 15th or the end of the calendar month |
2 years | 1 month to the end of the calendar month |
5 years | 2 months to the end of the calendar month |
8 years | 3 months to the end of the calendar month |
ten years | 4 months to the end of the calendar month |
12 years | 5 months to the end of the calendar month |
15 years | 6 months to the end of the calendar month |
20 years | 7 months to the end of the calendar month |
Also interesting : Termination - You have to take this into account if you voluntarily change jobs.
Remaining leave on termination
After the termination , you usually have the remaining vacation days . How many there are depends on when the discharge takes place . For example, if you are terminated before June 30, calculate your vacation days by first multiplying your annual vacation (for example, 30 days) by twelve (for the number of months in a year). Then divide the result obtained by the number of the month in which you were dismissed (for example 5 if you were released in May). The final result tells you how many days of vacation you have left.
On the other hand, if you cancel after June 30, you are entitled to full annual leave if you have also been working in a company since January 1. Only the "pro rata temporis" clause * in your employment contract could limit this entitlement.
Exemption after termination
The remaining vacation is usually compensated by an exemption *. Specifically, this means that you will no longer have to appear at work in the past few weeks if the employer agrees to this agreement. What many do not know : If the remaining vacation is not fully compensated by an exemption , it must still be paid out.
Incidentally, your employer can ask you to return to the company despite the agreed exemption . However, this is not the case if you have agreed an irrevocable exemption with your manager.
When are you entitled to severance pay?
There is no general right to a severance payment *. According to §1 of the Protection against Unfair Termination Act (KSCHG), you are only lucky to receive a one-off payment in very specific cases. This can be the case, for example, with a company termination or with corresponding regulations in the employment or collective agreement .
You can also calculate your severance pay yourself using a very simple formula *.
Learn more : Termination - These are the questions that are asked most frequently.
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* merkur.de is part of the nationwide Ippen central editorial network.
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