The termination by the employer is often unexpected.
You can find out why the employer is allowed to fire you and what you should pay attention to here.
"We hereby terminate the existing employment relationship at the earliest possible date." Most employees are probably afraid of a letter of termination * like this one.
Probably also because most of them do not even know the reasons that can lead to a termination.
We will show you the reasons for dismissal according to the law and what you can do to prevent dismissal.
Reasons for termination: What distinguishes ordinary from extraordinary termination
Legislators have created the necessary legal framework so that employers cannot put their employees out on the street as they please.
Above all, the German Civil Code (BGB) and the Dismissal Protection Act (KschG) play an important role in dismissal.
In addition, special protection against dismissal applies to certain groups, such as pregnant women and mothers.
First of all, employees should know that there are two different types of termination in labor law:
ordinary termination
and
termination without notice
.
Ordinary termination always includes a certain period of notice, while the one without notice - as the name suggests - without notice, i.e. from now on.
In the case of ordinary termination, the Dismissal Protection Act applies if your company has more than eleven employees and you have worked in the company for more than six months.
It protects workers by giving it a tidy respectively.
Termination in due time is only permitted if it can be based on one of the
three reasons specified in the law
:
Reasons in the person (personal termination),
Reasons in the behavior of the employee (termination due to behavior) or
operational reasons (operational dismissal).
Reasons for termination: In these cases, the employer may give you an ordinary termination
According to the Dismissal Protection Act, a personal termination may always be pronounced if an employee can no longer fulfill his employment contract in the future for reasons that are inherent in him.
It is important for this that the
forecast for the future is negative
.
Reasons for a
personal termination
can be for example:
long illness or many common illnesses
permanent incapacity for work
Loss of driving license (e.g. for truck drivers)
Criminal record
Withdrawal of the work permit
Read more about personal termination here.
A behavior-related termination occurs after an employee's misconduct, regardless of whether it is intentional or negligent.
Reasons for a
conduct-related termination
:
You are violating the employment contract
They refuse to follow the boss's instructions
Repeated unexcused absenteeism
Private use of the Internet
theft
A
termination for operational reasons
may only be given if operational requirements lead to a permanent reduction in the need for work and therefore staff to be cut.
Reasons
for a termination for operational
reasons
can be:
Missing orders
Lost sales
Restructuring
Business closures (e.g. in the event of bankruptcy)
Closure or outsourcing of departments
Here you can find out more about termination for operational reasons.
For these reasons, termination without notice is justified
There must be an important reason for termination without notice.
An "important reason" for a termination without notice by the employer is a particularly serious violation on the part of the employee.
So difficult that the boss cannot be expected to continue working with him - be it for an unlimited period or until the end of the fixed-term contract - or to wait for the legal notice period.
Reasons for termination without notice
can be:
Offense in the company (fraud, theft)
Data theft
Working time fraud
Alcohol at work or alcohol addiction
Report against employer or employee
fake illness
More on the topic:
Caution: In these cases, you are threatened with termination without notice.
(as) * Merkur.de is part of the nationwide Ippen central editorial network.
Also read:
Cancellation: Why you should never cancel by registered mail - this is the best method.
Do you want to stay up to date with the latest career news?
Then follow our industry page on the career portal Xing.
Source: Arbeitsrechte.de,
law firm Hensche
Termination of Employment Contract: The Most Important Facts Everyone Should Know
Termination of Employment Contract: The Most Important Facts Everyone Should Know