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In the event of termination, there should be no room for interpretation
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Before changing jobs, employees face an unpleasant task: dismissing their old job.
It is only through this formal step that the employment relationship is terminated - and not only when employees want to leave themselves, but also when they are dismissed by their boss.
However, both parties should pay attention to how they formulate a termination and how best to communicate it.
Because no mistakes should be made or room for interpretation should be left.
In the worst case, this can even lead to the termination being ineffective and the employment relationship not being terminated.
What do contractual partners have to consider?
Career advisor Nina Richter sees particular relevance in the form of termination: "It is essential to terminate in writing and sign the document by hand," she says.
"In no case should you terminate verbally, by e-mail, SMS, WhatsApp or fax." The termination is therefore ineffective.
In addition, it is important to avoid the subjunctive.
It is best to formulate the letter as clearly and concisely as possible.
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Nina Richter
is a freelance coach and lives in Cologne.
With her company Nina Richter Coaching, she accompanies people in situations of professional change and phases of reorientation.
She also advises on communication between managers and employees and is an expert in stress and burnout prevention.
Photo: Seenbeautythere Photography
Should I inform my boss about the upcoming termination in advance?
According to Richter, it depends on the relationship whether the employee should seek a conversation with his or her supervisor before the notice of termination is submitted: “If the employee is in a pleasant working relationship with his or her employer, a personal conversation should be held before or shortly after Submitting the official notice of termination in good form. "
When deciding to inform the boss beforehand, it should be taken into account that the person who is leaving will have to work for the company for some time before they leave.
»That can definitely strengthen the togetherness.
It also gives the employer the chance to find a suitable successor and secure the induction, ”she says.
However, this does not replace the official letter.
Who should I send the notice to?
Before giving notice, the employee should find out in advance who he is addressing the letter to, according to the career advisor.
In general, the recipient of the notice of termination is always the employer, as stated in the employment contract.
"To be on the safe side, he can address the letter to both the boss and the head of the HR department," she says.
But depending on the structure of the company, it could be different: "If there is no HR department, then the address should be addressed to the direct boss as well as to the employer or managing director."
Is the phrase "as soon as possible" sufficient in the notice of termination?
According to the judge, an exit date should definitely be included in the termination.
Not specifying it is, according to her, not recommendable, but it can certainly be done.
“In principle, the employee can also write the phrase› at the earliest possible point in time ‹in the notice of termination if he is unsure about the notice period.” However, it is better if the employee looks again in the employment contract or asks the works council for which Date she can leave the company.
In any case, it is important to obtain confirmation on the specified date.
Do I see the terminated man, even if you talk to each other in everyday working life?
Even if it is otherwise used: "Sie" should always be used in the notice of termination.
Richter points out, for a reason, “After all, this is a legal document.
If there are any difficulties with the employee's departure, they can go to court. ”Although a“ you ”does not invalidate the termination, the form should still be adhered to at this point.
What about a thank you in a termination?
Nina Richter advises to keep a termination as simple as possible and to refrain from saying thanks: "I don't think that's necessary," she says.
In fact, many would write them in the document anyway.
"There is probably another form of farewell to which appreciation and thanks can be given," said Richter.
Otherwise, a personal conversation is also a suitable time to thank your superiors.
Should I ask for a job reference directly?
According to the judge, the request for a job reference should be an integral part of a dismissal.
Usually this is formulated in the last section.
Do I have to write a reason in the notice of termination?
An employee does not have to give a reason for an ordinary termination, says Richter.
According to the career advisor, if employees are seeking extraordinary or immediate termination, they should seek advice on labor law beforehand.
It must be clarified whether this is even possible in the special case and whether the reasons are sufficient.
It also clarifies which steps and which form must be followed.
According to Richter, the same applies not only to employees: "Employers should also seek advice before discussing an ordinary and extraordinary dismissal."
Do I hand in the notice of cancellation in person or do I send it?
A personally submitted notice of termination is always the best option, according to Richter.
"Then the submission date is the same as the date of receipt." This is important because it is always the date on which the termination was received and not the date on which the termination was dated.
“That is also the case if it arrives later than expected by mail,” says Richter.
In addition, the employee should always obtain written notice that the letter has been received.
What do employers have to pay attention to in the event of a dismissal?
If an employer wants to fire an employee, this must also be done in writing, according to the judge.
The termination must also be signed by someone who is also entitled to terminate.
"This is usually the employer himself, the HR manager or managing director," she says.
"If a law firm or an employee represents the employer, the power of attorney must be presented to the dismissed person." Otherwise, the employee could refuse the dismissal.
After all, no boss should be able to give notice in the affect.
Tips for correct termination
Cancellation must be made in writing (not by email, fax or SMS) and signed by hand
It should not be formulated in the subjunctive
The employer listed in the employment contract should be mentioned in the salutation
The terminating person should find out about the possible departure date in advance
In the termination, the contact person will be siezt in any case
The termination is given personally at best
Confirmation should be obtained when the notice of termination is received and the date of departure
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