In the case of extraordinary termination, the normal notice periods do not apply.
But to enforce it, you need a good reason.
Here are the informations.
An employment relationship can end
in several ways
: It can expire when the term of the employment contract has expired, it can be actively terminated by the employee or employer in compliance with the statutory deadlines and it can be terminated
without notice
.
In the latter case, the legislature speaks of an extraordinary dismissal *, colloquially the term “termination without notice” is often used.
As the name suggests, this is a dismissal without observing the normally prescribed statutory deadlines.
Also read:
Caution, termination threatens: Employees should pay attention to four warning signals.
Extraordinary termination: the special features
A normal termination falls under the statutory notice period.
If the employer terminates the employee, the notice period depends on the time that the employee has previously worked in the company.
If, on the other hand, the employee quits, a
notice period of four weeks
up to the 15th of the following month or the end of the month
applies
.
In the case of extraordinary termination, these periods do not apply - hence the name.
In this case, the employment relationship ends immediately.
However,
certain requirements
must be met for this.
They are precisely formulated by the legislature.
There are certain occasions that enable the employee to
to terminate without notice, and those that enable the employer
to dismiss
his employee
without notice
.
Also interesting:
Termination during the probationary period: What employees must pay attention to.
These reasons justify an extraordinary termination
In principle, an extraordinary termination is always considered if
it is impossible or unreasonable to
continue working or to continue the employment relationship until the end of the notice period
.
This is the case when
certain circumstances
apply to one of
the two sides
; one speaks here of an important reason.
Here some examples:
Extraordinary termination by the employee
: An
employee's
termination without notice is justified if he is subjected to sexual harassment in the work environment or if the health and safety regulations are grossly neglected. A
significant
delay in salary payments
is also an important reason that justifies termination without notice on the part of the employee.
Extraordinary dismissal from the employer
: The reasons why the employer may give extraordinary notice are divided into three categories:
behavioral, personal and operational
. A conduct-related termination is appropriate, for example, if the employee
cheats or sabotages
the company
, expresses himself racist or insulting to customers or colleagues, cheats on sick leave or
repeatedly violates working hours
such as being late. A personal termination is justified if, for example, the employee has an extremely long-term illness or if the employee is
serving
a
prison sentence
.
In the event of operational dismissals, the employer must prove that it is impossible for him to continue to employ the employee.
For an extraordinary termination, there must have been serious misconduct on one of the two sides.
But even then,
legal action against termination without notice is
not ruled out.
Of course, this can also be contested - for example with a dismissal protection suit.
Depending on how a resulting litigation ultimately ends, it can get
quite expensive
for the losing side
.
(fh)
* Merkur.de is an offer from IPPEN.MEDIA
.
More on the topic:
Termination: 21 reasons why the employer can fire you.
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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