Extraordinary termination is the employer's last resort, but can only be pronounced in certain cases.
What to do if you get one?
You've probably seen scenes like this before in films: an employee stands at his desk, packs his personal belongings into a box and then leaves the building.
He was fired - and most likely without notice of any kind.
In Germany there is also this variant of termination of an employee.
This is the extraordinary notice that gives the employer the opportunity to terminate the employment relationship with an employee immediately and without observing the notice period.
This is a drastic measure that is only permissible in certain cases.
Extraordinary dismissal: What is that actually?
In principle, an extraordinary termination is usually also a termination without notice.
It differs from ordinary termination primarily in that the notice period agreed in the employment contract (usually three months) is not or not completely observed.
Dismissing an employee in this way is the employer's last resort and this type of termination is also linked to rules that are clearly laid down in the German Civil Code (BGB, § 626 Para. 1).
Also important: Before the extraordinary termination, it must be checked whether a warning or a transfer could be an alternative.
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Even if the typical box is more likely to be found in US films: Extraordinary termination, i.e. dismissal without notice, also exists in Germany.
But it is subject to strict rules.
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© Bartek Szewczyk/Imago
Extraordinary termination: When can it be pronounced?
Extraordinary termination can only be made for important, serious reasons.
For example, an event or behavior that makes it unreasonable for the employer to continue the employment relationship.
According to
the financial tip,
these include:
Fraud
theft
embezzlement
Insulting the employer (also on the internet)
Bullying and harassment of other employees
drug consumption
working time fraud
feign incapacity
threaten incapacity
taking vacations independently, etc.
This type of termination should always be the last resort and should only be considered if all other measures, such as warnings or transfers, have not been successful.
In addition, the employer must inform the works council (if there is one) and make a balance between the employee's interest in continuing the employment relationship and the employer's interest in terminating it.
According to the Career Bible,
this includes,
for example, the risk of repetition or whether there are exculpatory circumstances.
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Employee rights in the event of extraordinary termination
Employees who have received an extraordinary termination should definitely read up or seek advice from a lawyer.
The legal options will be clarified.
For example, you can bring an action before the labor court within three weeks of receiving the notice of termination.
If the court then determines that the extraordinary termination is ineffective, the employment relationship continues and the employer must pay the salary (and any other claims).
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If you are affected by this type of termination as an employee, you should also check whether it was actually made for an important reason - and whether a warning would not have been sufficient to solve the problem.
If this is the case, the termination can be contested as invalid.
Exceptions to termination: special regulations
Extraordinary termination is not always effective, as there are certain exceptions.
For example, members of the works council may only be dismissed with the consent of the works council.
In addition, the following applies: If the works council, if there is one, does not know anything about the extraordinary termination, it is not effective.
Pregnant women are generally not allowed to be dismissed, and there are also special regulations for employees on parental leave and employees with a severe disability.
Also good to know: In the event of an extraordinary termination, employees are also entitled to a severance payment.
The amount depends on various factors, such as the length of the employment relationship and the reason for the dismissal.
Here, too, it is best to seek advice from a lawyer in order to negotiate the amount of the severance payment appropriately.
The employee's obligations in the event of extraordinary termination
As an employee, you also have obligations in the event of extraordinary termination.
For example, you must immediately register as a job seeker and actively seek a new job.
If no new job has been found within three months of the termination, you can apply for unemployment benefits.
This article was created with the help of machines and carefully reviewed by editor Anna Heyers before publication.
List of rubrics: © Bartek Szewczyk/Imago
