Ejection by exemption is not permitted

2020-05-08T14:21:15.937Z

Anyone who is in an unsigned employment relationship cannot simply be released against his will.

There was a dispute before the regional labor court.

In the specific case, a clinic was not allowed to release an employed senior physician.

The employer would need to be protected in order to be exempt.

Work: Ejection by exemption is not permitted

Employees who have not been dismissed * may not be exempted and forced to negotiate a termination agreement.

They are generally entitled to employment. This shows a judgment of the Landesarbeitsgericht Schleswig-Holstein (Az. 3 SaGa 7 öD / 19), about which the Bund-Verlag reports.

In the specific case, a clinic was not allowed to release an employed senior physician to force discussions about the termination of the employment relationship.

The specialist was employed as a senior physician with other tasks, such as teaching at a clinic. After tensions with a new chief doctor and extended sick leave, she was released in November 2019, among other things for negotiations about the termination of her employment. The salary continued to be paid, the doctor had to hand over her laptop, keys and other items.

Read also : Can I take parental leave on a fixed-term contract?

Labor Court: The employer's appeal was unsuccessful

By injunction, she asked to be kept employed. Her employer appealed unsuccessfully: the court confirmed her right to work as a senior physician.

For an exemption, the employer's interests should be protected. This does not include tensions in the team or the desire of the employer to fill the position otherwise. No properly non-resignable employee has to negotiate a termination agreement against his will.

Also interesting : Hygiene and infection protection at work: new rules in corona crisis

dpa / ahu