Only a reasoned termination is valid? Why this isn't true and other myths about layoffs

When it comes to terminations, there are many myths that circulate – regardless of whether an employee resigns or is terminated.

Eleven errors persist.

There are always some changes in working life.

You reorient yourself, something doesn't fit or the company gets into trouble.

The

is then often in the room .

There are many misconceptions and myths about this subject.

Here's what to look out for.

Myths about dismissals: A dismissal must be justified

Whether or not a termination has to be justified depends on the size of the company.

with fewer than ten employees are

.

Accordingly, there is no need to justify the termination.

Warnings are also not necessary.

An employer can also give notice without reason if an employee has been with the company for less than six months.

If the protection against dismissal takes effect, then a reason for dismissal is required.

However, this must only be mentioned in the event of an action for protection against unfair dismissal.

If you are ill, you are not allowed to give notice – a myth about layoffs

According to the

bible, an illness does not per se protect against dismissal.

In the case of a

, however, the employer must consider a few things.

prognosis must be certified for the employee

.

This means that one must assume that the illness is long-term and that there is no improvement in sight.

The operational processes of the company must have been massively affected by the illness.

Myth: You need a warning before you can be fired

Not all terminations require a warning in advance.

If there are serious offenses,

can also be pronounced.

Serious offenses include:

• theft

• Sexual harassment

• insult

• working time fraud

In the case of conduct-related termination, do you need three warnings?

Beware of this myth

A warning is only

mandatory for the employer in the case of

This can be the case, for example, if an employee is consistently late to the office.

Then a

usually serves as a warning shot.

If you receive such a warning, you should refrain from the behavior that led to the warning.

threaten after the first warning.

For many, the myth persists that three warnings must be issued in order to be dismissed.

But that is a misconception.

If the misconduct is not changed, a warning is sufficient.

+

A termination can happen at any time during your working life.

How exactly this works and what rights and obligations you have is unclear to many.

(symbol photo)

© Imago

Verbal notice is also valid.

With this myth you have to differentiate

"You're fired." - This statement is passed as a dismissal in many films and series.

That doesn't work in real life.

In Germany, a

.

The letter of termination must be sent to you by post or handed over in person.

Cancellation by telephone, SMS or e-mail is not valid.

Myth: If you are laid off for operational reasons, you will get a severance payment

There is no legal entitlement to a severance payment.

However, if the

provides for a severance payment, this will of course also be paid.

If a

agreement takes effect, both parties usually agree on a corresponding payment.

If you resign yourself, you will not receive unemployment benefits - this myth is not always true

If you resign yourself, the employment office can

pronounce.

can lift this block

if there are appropriate reasons.

You do not get a ban from the employment office if, among other things, you:

• Unacceptability of the employment relationship (incitement to commit a crime, bullying)

• Illness

  : You are in poor health or constantly overwhelmed

• Change of residence

  : Your partner lives in another city and you move in together

Would you like more tips on the subject of jobs and careers?

No more vacation in case of termination?

That's a mistake, you can still take your vacation

The

does not expire upon termination.

Every month during the collaboration, the employee acquires one-twelfth of the holiday entitlement.

So you can still take vacation until shortly before the end of the cooperation.

Sometimes it is also the case that you put the

time at the end of your time in the company.

This means that you will not return to the company after your vacation.

Your leave may only be refused for urgent operational reasons.

In this case, the holiday entitlement is paid out.

Myth: Terminations during the probationary period are not possible?

That is not right

You can be fired

during the

However, other

– shorter!

The probationary period can be terminated

with a notice period of

This is also possible on the last day of the probationary period.

Please note that the

does not apply directly after the probationary period.

This only applies if you

.

Only then do the legal regulations for the protection of the employee come into force.

If the probationary period is shorter than six months, you can still be dismissed without giving a reason.

Termination of the employment contract: the most important facts that everyone should know

Termination of the employment contract: the most important facts that everyone should know

The youngest have to go first – this myth about layoffs is not true

There are various conditions for dismissals for operational reasons.

A

is therefore mandatory.

This means that the employer has to take various

into account.

These include:

.

So-called top performers can be exempted from this social choice.

However, this must be justified and proven.

Basically, people with children are more likely to stay in the company than people without family members.

A job reference does not have to be very good – benevolent formulations are sufficient

The myth persists that the

must be very good.

But this is not the case.

In principle, employees are always

employment reference , but this only has to be qualified and

.

The job reference must

.

Many labor courts consider "satisfactory" to be acceptable and sufficient.

In the last few years in particular, it has become common to find cryptic formulations in job references, which may sound nice at first glance, but are not necessarily positive.

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