Status: 13.01.2024, 11:22 a.m.
By: Natalie Hull-Deichsel
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Dismissal without notice – does this mean losing your job from one day to the next? Or for employers, for example, the employee? Which reasons are lawful.
If an employee is dismissed without notice or if he or she terminates the contract without notice himself, the employment relationship is terminated immediately. A period of one month to the end of the month or more – depending on the length of service – as is the case with ordinary dismissal, is then omitted. Rather, the provisions of extraordinary termination apply.
There are various reasons for dismissal without notice on the part of the employer or employee. Anyone who knows avoidable mistakes that can lead to an immediate termination of the employment relationship is well advised.
Dismissal without notice: How the employer can justify the immediate loss of the job
For example, if you take a leave of absence, work in a part-time job, even though you have a sick note for your main job, or consume alcohol at work, you risk not only a warning, but also dismissal without notice. © bspieldenner/Imago
According to the law, before dismissal without notice – which should basically be the last possible way – at least one warning must have been issued, according to the Deutsche Handwerkszeitung (DHZ). In addition, the employer should have discussed a possible violation with the employee concerned in order to clear up misunderstandings and, if necessary, find an amicable solution. After all, mistakes in the job do not necessarily have to lead to dismissal.
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However, if the violation is so vehement and serious that the relationship of trust is so shaken, an extraordinary termination can also be issued without a prior warning.
Many of the reasons and violations that justify dismissal without notice are often not aware of the scope of their implications by employers and employees. Some may also be less obvious. In the case of breaches of duty, an immediate termination of the employment relationship with the employee is legal according to Hensche Rechtsanwälte, Law Firm for Employment Law:
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- Assault or bodily injury at work
- Embezzlement or theft in the company
- Driving without a license while at work
- Driving under the influence of alcohol while at work
- Insulting or damaging the reputation of the employer, colleagues or customers
- Self-leave of absence
- Working as a part-time job, even though you are unable to work in your main job
- Alcohol consumption in the workplace
- Failure to comply with a ban on alcohol in the workplace
- Announced sick leave
- Threat of sick leave
- Performing a job despite being on sick leave
- Refusal to work
- Working time fraud or false working time documentation
- Insulting an employee, colleague or supervisor
In principle, a completed or attempted theft is sufficient to allow an employee to be dismissed extraordinarily. The value of the thing is hardly decisive here, or at least not alone.
Ace. Jur. Richard Schweizer, Reutlingen Chamber of Crafts, opposite the DHZ
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Dismissal without notice: What rights does the employee have?
Dismissal without notice can also be issued by an employee in the same way. Important reasons can be, for example:
- Insult by the employer
- Bodily injury or physical altercation caused by the employer
- Sexual harassment or stalking by the employer
- Late payment by the employer, unpunctual payment of wages