If the employer doesn't really want to fire an employee at all, the pressure from outside can still be greater.
Conflicts in the workplace can be stressful.
In the worst case, the employee could be fired.
Only in very rare cases, according to lawyers, can a so-called pressure termination occur.
What do you mean with that?
The experts from
Karriebibel.de explain that the printing termination occurs at the request of a third party –
although the boss actually does not want to terminate an employee.
Who creates the pressure?
"This can be employees, the works council, customers or a supervisory authority," explains the portal.
“They threaten, for example, fines or work stoppages if the employee concerned is not fired.
Or with the cancellation of orders or the termination of business relationships.”
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In the worst case, conflicts in the workplace can lead to termination.
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© picture alliance / Oliver Berg/dpa
Print terminations are extremely rare
In employment law, a distinction is made between two forms:
1. Fake print notice:
“In the case of a false print termination, there is an objective reason for termination.
This is either due to the behavior of the employee or employees concerned or to the person himself," writes the
German Press Agency (dpa)
in an article on the subject.
“Third parties are now pointing out the reason for the termination to the employer and urging him to fire the person.” The decision as to whether a termination is now pronounced is at the discretion of the employer.
2. Real print termination: There is no objective reason for termination.
In the case of a real pressure termination, the pressure on the employer is the only reason for termination.
However, the employer must do everything possible to avert the termination.
Overall, the real print termination is linked to "strict conditions and high hurdles", it is also said on
Karrierbibel.de.
Prerequisites for a so-called genuine print termination
No self-infliction: If the employer caused the pressure situation himself, he may not use it as a reason for termination, the job portal describes.
Duty of care fulfilled: The employer must first protect the employee and try to avert the threat of third parties or ward off the termination.
In doing so, he must try everything that is reasonable and determine whether there are actually objective reasons for an ordinary termination.
"Exculpatory investigations are also part of it," the portal continued.
Massive damage: “The credible realization of the threat must actually lead to serious and lasting economic damage for the employer (e.g. loss of sales due to strike, cancellation, loss of customers).
Only then can the dismissal be socially justified.”
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The portal also reports that the termination must always be the last resort for the employer
juraforum.de:
"Only when all the employer's efforts fail and he sees himself exposed to considerable (economic) damage can a dismissal be legal." However, the Federal Labor Court sets the requirements for effective dismissal as high, the lawyers explain.
"Ultimately, it should be avoided that employees, customers and other people can take justice into their own hands in order to get rid of an unwelcome colleague, for whatever 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
If the termination is nevertheless made, those affected should definitely have their case legally examined, according to the report by the
German Press Agency (dpa)
.
If the allegations turn out to be unfounded or if the employer does not adequately protect its employees, those affected could claim damages.
List of rubrics: © picture alliance / Oliver Berg/dpa