Resignations often come as a surprise, also because many employees are subject to popular errors.
Read here which termination myths are simply wrong.
Are you familiar with the subject of termination?
No employer is fooling you?
It is better to check your knowledge about the dismissal - maybe you are making a mistake without realizing it?
And that can quickly have unpleasant consequences.
Mistake 1: Employees who are on sick leave cannot be terminated
Illness is not an obstacle to termination.
On the contrary: employees can even be terminated because of one or more illnesses.
Anyone who
is absent from work
for
more than six weeks a year due to
illness can be dismissed.
This was confirmed by the Mainz Regional Labor Court in 2011 (Az .: 5 Sa 152/11).
However, this requires additional conditions such as a negative forecast for the future.
You can find out here exactly when termination due to illness is permitted.
Above all, there is a risk of termination without notice if employees report sick who are not sick at all.
In this case, there is an attempted fraud because of
sick parties
, the employer will quickly punish.
Also read
: This is by no means how you should start your step into self-employment.
Error 2: A termination is only possible after the third warning
Employers always decide on a case-by-case basis
whether a dismissal is justified or not
.
However, you don't need three warnings for this.
If there is a serious offense, such as a theft, often not even a single warning is required - the employer can terminate the contract without notice.
Also interesting:
Termination: These behaviors can cost you the job.
Mistake 3: If an employee is given notice, he is entitled to severance pay
There is no legal entitlement to severance pay after termination - even if cash payments are common with many terminations or termination agreements.
If a severance payment is provided for in the employment contract or in the collective agreement, the employee will of course receive financial compensation.
However, many employers also pay a severance payment in order
to save
lengthy
dismissal protection suits
.
Also read:
Termination of employment contract - These are the most important rules and deadlines.
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