If an employee makes a serious mistake, the boss can blow the collar.
Oral termination is quick - but is it actually effective?
With certain behaviors, employees risk being fired from the boss.
Anyone who is constantly late, simply ignores the boss's instructions or is absent without excuse, can be dismissed by the superior after a warning.
But what happens if the boss
blurts out
the
dismissal in an argument
?
Is a simple "You are fired!" Enough to force workers to clear their desks?
Verbal terminations from the employer are ineffective
Regardless of whether it suits your employer or not: Verbal termination is generally ineffective.
The Civil Code stipulates in §125 and §623 that termination must always be in
writing
.
Otherwise it is void.
Discharge in electronic form via e-mail, fax, WhatsApp or SMS is also excluded by law.
Also read:
Termination: These are the things to keep in mind if you are fired.
What should I do in the event of a verbal termination?
"If your boss one day gets the oral dismissal, you as an employee have a
right to continued employment
and can file a suit with the help of a lawyer and his office," recommends the legal portal Arbeitsrechte.de.
But be careful: Do
n't take too long
with the
dismissal protection suit against your employer
.
If you only defend yourself against the verbal dismissal months later, you can lose your right to continued employment and the right to sue.
Employees are obliged to take action against a disputed dismissal within a reasonable period of time.
"To be on the safe side, the employee concerned should therefore
bring an action for protection against dismissal before the labor court responsible for him against the employer
within the three-week period
of § 4 Dismissal Protection Act," recommends the Kreuztaler law firm Kotz.
(as) * Merkur.de is part of the nationwide Ippen central editorial network.
Also interesting:
Termination: three mistakes that are still circulating.
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Termination of Employment Contract: The Most Important Facts Everyone Should Know
Termination of Employment Contract: The Most Important Facts Everyone Should Know