Everyone gets sick from time to time - and unfortunately this can also happen during the probationary period.
Then the fear quickly comes up that one is now threatened with dismissal.
But, is this really the truth?
The new job has just started.
You learn so much, absorb so many unusual impressions – an exciting time.
But also weeks full of uncertainty.
Because in the so-called probationary period, the regular protection against dismissal does not yet exist.
What happens if you get sick during this time - and possibly have to be absent for a longer period of time?
Probationary period – can I be terminated if I become ill?
no
Dismissal in the event of illness is possible.
But she must meet certain provisions that are consistent with the General Equal Treatment Act (AGG) and the Federal Employment Agency Act (BAG).
An illness alone, for example, is not sufficient as a reason for termination.
The employer must therefore check whether the employee could continue to fulfill the tasks assigned to him - perhaps with reasonable precautions.
If this is not the case, termination may be permissible.
In addition, the BAG stipulates that termination during the probationary period is only permissible if it is based on important reasons.
The employer must then also inform his employee of the reasons.
Normally, no reasons would have to be given here.
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
Termination must be well considered
If the employee is seriously ill, the employer must compare the interests of the company and those of the employee.
If the sick person can no longer fulfill the former position even after recovery, termination may be permissible.
However, it must also be checked whether another position within the company would be an option.
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If you are ill during the probationary period, employees can certainly be dismissed.
At least if certain conditions are met.
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How are employees protected?
Dismissal in the event of illness may be permissible, but it may also be inadmissible.
This would be the case, for example, if the employer had failed to record the probationary period and its duration in the employment contract.
As a new employee, you still do not have full protection against dismissal during the first six months, but you cannot be dismissed within the usual 14-day period.
But: Even in the case of the forgotten probationary period, no reason for the termination would have to be given.
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Anyone who was dismissed during the probationary period because of or during an illness should seek legal support.
Together we will then clarify whether the termination was permissible, what options are available now and what the chances of success are.
One possibility here would be the so-called unfair dismissal lawsuit.
This is not always crowned with success, but could at least result in a severance payment.
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