As of: January 29, 2024, 5:18 a.m
By: Marco Blanco Ucles
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Employees are rarely given notice of dismissal for personal reasons.
There are also several reasons for this type of termination that employees should be aware of.
Things aren't going well for you at work at the moment and you're worried that your boss will throw you out the door because of it?
Don't worry: it's not that easy.
For a so-called “personal termination” certain requirements must be met in order for it to be legal.
“finanztipp”
explains the principle
as follows: “Termination for personal reasons is a case of ordinary termination.
It assumes that the employee is no longer able to perform his or her work.” The employer does not have to have issued a warning in advance.
Illness is the most common reason for personal dismissal
There are many reasons for dismissal for personal reasons - in some cases the employee can defend themselves against it.
© Shotshop/IMAGO
There are a number of reasons for personal termination, explains the
“Hasselbach Law Firm”
on its website.
The most common reason is termination due to illness, for which several requirements must be met.
According to a survey, more and more employees are calling in sick despite being able to work.
In addition, the loss of a required professional license, an inability to work due to imprisonment or a lack of a work permit can also be reasons for dismissal for personal reasons.
For a student assistant or working student, exmatriculation can be decisive.
Poor work performance alone is not a reason for dismissal.
At least if there is a possibility that the circumstances could change again in the future.
Example: A taxi driver who is employed by a company could only be terminated for personal reasons if, for example, his driver's license was permanently revoked, meaning he could no longer transport people.
Another example is a pilot whose flying license is revoked.
However, the company must first check that there is no possibility of properly transferring the employee or using him elsewhere in the company.
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If you have to accept a dismissal for personal reasons that you believe is unjustified, you should first discuss it with an expert in labor law.
If you have legal protection insurance, you also have a good chance that it will cover the legal costs.
After receiving the notice of termination, you have three weeks to file a claim for protection against dismissal.
A court will then determine whether your termination was lawful.
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The works council can also help the employee.
Before giving notice of termination for operational reasons, the employer must inform the works council of the reasons for the termination.
The works council then has one week to object.
Even then, the employer can go through with the termination.
However, the employee can then request to continue to be employed under unchanged working conditions until the dismissal protection procedure has been legally concluded.
This is the right to continued employment.