When employees receive a notice of termination, it is usually an ordinary termination.
You can find out the reasons for this here.
Many workers are afraid of being laid off.
The fear is often unfounded, after all, there are strict legal requirements for dismissals *.
So your boss can't fire you on a whim.
But what are the reasons for firing someone?
And what is a "proper resignation" anyway?
What is ordinary termination?
Ordinary termination is a termination
with a notice period
.
This means that the terminated employee can continue to work after the termination up to a certain point in time, which is stipulated by law or contract.
This gives him more time to apply for a new position.
Special protection
against
dismissal
applies to certain groups of people
, including works councils, pregnant women, mothers on maternity leave, parents on parental leave and the severely disabled.
For what reasons can an ordinary termination be given?
If an employer wants to give an ordinary notice of termination, he is subject to numerous restrictions.
Companies that fall under the Dismissal Protection Act must provide evidence of specific reasons that
socially justify
dismissal
.
Ordinary termination is usually given for the following reasons:
Operational dismissal
: The employer fires employees because the company requires it - for example because there are no orders or the company goes bankrupt.
Continued employment in the company must definitely be ruled out.
You can find out under what conditions you can receive an operational dismissal here.
Behavioral termination:
This can always be given if an employee does not meet his work obligations under the employment contract or if the boss's instructions are not followed. Further cooperation for the employer must be unreasonable. Read here which behavior can lead to a termination.
Personal termination:
In this case, the termination lies with the employee as a person. If their characteristics and skills are so limited that they can no longer fulfill their obligations under the employment contract or the employer would have serious disadvantages from continuing to work, they may be subject to the employee terminate certain conditions - for example in the event of a prolonged illness, sometimes also in the case of many common illnesses.
In all cases, however, only if the prognoses for the future are negative.
You can find out what other reasons there are for personal termination here.
Ordinary termination by employer: How long is the notice period?
If the employer wants to terminate an employee, he must also
take into account the time spent in the company
.
The statutory notice period (§ 622 BGB) is thus extended for the employer - to the benefit of the employee.
Because it gives them more time to look for a new job.
Length of employment | notice period |
|---|---|
0 to 6 months (trial period) | 2 weeks on any day |
7 months to 2 years | 4 weeks to the 15th or the end of the calendar month |
2 years | 1 month to the end of the calendar month |
5 years | 2 months to the end of the calendar month |
8 years | 3 months to the end of the calendar month |
ten years | 4 months to the end of the calendar month |
12 years | 5 months to the end of the calendar month |
15 years | 6 months to the end of the calendar month |
20 years | 7 months to the end of the calendar month |
When calculating the notice periods, however, times before the employee's 25th year of age are not taken into account.
(as) * Merkur.de is an offer from IPPEN.MEDIA.
Also read:
Termination - Do you know the most important rules and deadlines?
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Ranking: The eleven best employers in Germany 2019
Ranking: The eleven best employers in Germany 2019