In the event of bullying or harassment, there is a risk of immediate termination

2022-11-29T06:39:37.674Z

In order to be terminated without notice, an employee must be guilty of something serious. For example, if you behave at work that is unacceptable.

In order to be terminated without notice, an employee must be guilty of something serious.

For example, if you behave at work that is unacceptable.

When different personalities come together in an office, things can get ugly.

Arguments or arguments are completely normal.

But negative behavior that also affects other employees is a thorn in the side of many bosses.

Ultimately, so that the team is and remains productive, there is rarely room for troublemakers.

However, you can't just fire annoying employees.

An employer can only terminate an employee without notice if he has previously issued a warning.

There must be valid reasons for an extraordinary termination.

In this case, the notice period, which is usually three months, does not have to be observed.

The reason must be so serious that the employee is no longer reasonable for the company and you can no longer wait for the notice period.

Therefore, extraordinary termination is also called termination without notice.

This threatens, among other things, the following violations:

But: Extraordinary termination may only be given by the employer as a last resort.

This means that he must first warn the employee who is to be dismissed.

With this, the former clarifies the facts and points out to the latter that if he does it again, he will be dismissed.

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If, on the other hand, there are only a lot of small violations or things that displease the boss, immediate termination is not justified.

This includes, for example, when the employer often shows up late for work, does his work sloppily or disregards work instructions.

Then a warning is also due first, but if the contract is terminated immediately, the termination is ineffective.

However, there are exceptions, for example if the employee verbally abused and severely insulted his boss.

A dismissal can then be justified by the fact that trust has been destroyed.

This must be sent to the employee in writing within a period of two weeks.

In summary, one can say that there is a valid reason for termination if the violation is unacceptable.

In addition, the employer must also consider the interests of the other side, i.e. must also consider exculpatory circumstances.

The length of service, existing maintenance obligations and the previous employment relationship are also taken into account.

Depending on how the assessment turns out, termination is possible and also has validity before the labor court.

Source: merkur

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