Disputes with the supervisor can be difficult for employees - you don't really have much to do with it at first.
Even threatening to resign is not enough.
Minus hours, rigid vacation times and poor management style - these are all things that employees can criticize about managers.
If talks don't help, the situation can deteriorate for everyone involved - hardly anyone likes going to work anymore.
Attempts at conciliation such as mediation are then a means of restoring the working atmosphere.
However, that doesn't always work.
The threat of self-dismissal by the employees of a day-care center prompted those responsible to terminate the management without notice.
The case ended up in court.
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What exactly is a print notice?
The manager was dismissed – but not on time, but due to a so-called pressure notice.
One speaks of a dismissal under pressure when third parties, in this case employees of the day-care center, obtain the dismissal of another person under threat of disadvantages - self-dismissals.
A pressure situation arises for the employer.
The Attorneys Etl announce on their own homepage that in this case a "behavioral, personal or operational" termination has to be checked.
According to case law, it is also the case that the employer has to protect his employees - this is also the case in the case discussed here.
The employer must "try everything reasonable to dissuade the third party from his threat."
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Termination without notice is only justified for important reasons
Civil Code (BGB) – Section 626 Termination without notice for good cause
(1) The employment relationship can be terminated by either contracting party for good cause without observing a notice period if there are facts which, taking into account all the circumstances of the individual case and weighing the interests of both contracting parties, allow the terminating party to continue the employment relationship until the end of the notice period or cannot be reasonably expected until the agreed termination of the employment relationship.
(2) The termination can only be made within two weeks.
The period begins at the point in time at which the person entitled to terminate becomes aware of the facts relevant to the termination.
The terminating party must immediately notify the other party in writing of the reason for the termination upon request.
In order for an extraordinary termination without notice to be effective, there must be a number of reasons.
These are presented as follows on the
Kluge-Recht.de website
:
Important reason
warning (unnecessary in exceptional cases)
Compliance with the two-week deadline
No milder means (Ultima Ratio)
The specialist portal Hensche
cites the following as an important reason for the employer to enforce a termination
:
Theft and embezzlement at the expense of the employer or at the expense of colleagues
(Heavy) insults
(Significant) assaults or sexual harassment at work
Harmful Statements
Notification of the employer to the authorities
Acceptance of Bribes
Threat of illness
Unreasonable and “persistent” refusal to work
self-leave
Reasons that make termination for good cause legal for employees are the following: Repeated unpunctual payment of remuneration, persistent non-payment of social security contributions, insults,
assaults and sexual harassment.
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Background in the case of the print termination
During the corona pandemic, there were discrepancies in the daycare team.
The first complaints arose in September 2021, after which discussions, workshops and a failed attempt at mediation took place.
The employer then issued a questionnaire to the employees.
This included the facts and the misconduct by the manager.
In the judgment of the Nordhausen labor court, the nature of the questionnaire was criticized: "The defendant's questionnaire had the sole purpose of looking for misconduct on the part of the plaintiff and ultimately dismissing her."
Experts report on the questionnaire on
Hensche.de:
"In particular, the employer could not refer to an alleged pressure situation as a result of the discord in the team, since he had not placed himself in front of the head of the facility to protect him.
On the contrary, he himself had contributed to the negative mood against the head of the facility by asking suggestive questions in the questionnaire.”
judgment in this case
In this case, the defendants (sponsors of the day-care center) were ordered to reinstate the plaintiff (management).
Until the decision on the application for a declaratory judgment was final, the court also determined the weekly working hours and the pay group.
The defendants must bear the costs of the proceedings.
The value of the disputed item was set at EUR 27,080.10.
