Termination without notice by employees is generally possible.
However, it can only be implemented if very specific conditions are met.
If you want to leave your company with a regular notice *, you have to be patient.
After all, most employment contracts stipulate notice periods of four weeks, three months or longer.
But many just can't stand it anymore in their current job.
But how do I get out of my employment contract immediately?
Termination without notice only for serious reasons
A termination agreement would be such a possibility - or a
termination without notice
.
For the latter, however, very specific conditions must be met so that an extraordinary termination also lasts.
A termination without notice by the employee must always be
for a serious reason
that makes it impossible for the employee to continue working until the end of the regular notice period.
However, a normal job change is not enough to justify this.
The
termination
must also
take place
within two weeks
after the reason for termination has arisen.
Also interesting:
do you know the most important rules and deadlines for a termination?
Reasons that justify termination without notice
Serious reasons that justify termination without notice can include:
harassment
mobbing
unpunctual wage payments
gross insults
Assault (for example, if you were beaten by the boss)
Injuries to occupational safety (for example, if you have to work on unsafe machines)
Supervisor's offenses
However, since the
individual case
also
plays a role here
and the interests of both sides have to be weighed against each other, the court often decides whether a reason is serious or not.
Experts therefore recommend
consulting a lawyer in advance if in doubt
.
Do I have to warn my employer beforehand?
If you intend to terminate without notice, you should first inform your employer of the grievances and
issue
him with a written
warning
.
You should also threaten to resign if the situation does not change.
In the case of serious breaches of duty, however, a prior warning is not necessary - for example in the case of unsafe machines.
(as) * Merkur.de is part of the nationwide Ippen central editorial network.
How can I get out of my employment contract faster if I want to change jobs?
You can find out here.
Also read:
In these cases, employees are threatened with termination without notice.
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