As of: February 7, 2024, 8:10 a.m
By: Marco Blanco Ucles
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There are plenty of reasons for dismissal in the world of work.
But when is it an extraordinary termination and when is it an ordinary termination?
Every employment contract stipulates exactly which deadlines must be observed by both parties in the event of termination.
If one of the two contractual parties wants to terminate the employment relationship, the notice period applies; this is an ordinary termination.
However, under certain circumstances an extraordinary termination may also occur.
This is referred to when an employment relationship is terminated without notice or with a shortened period of notice.
The end of an employment relationship that cannot be terminated also falls under this aspect.
However, a valid reason must be given for this.
During the probationary period, however, completely different rules apply.
Serious reason for extraordinary termination required
What could be the reasons for an extraordinary termination?
There must be a serious reason for this type of termination.
“These can be, for example, criminal offenses, a fake inability to work, bullying, refusal to work or sexual harassment,” explains
finanztip.de
.
In principle, the employer must first have given his employee a warning before the termination.
Otherwise, in many cases the termination is legally ineffective.
There are big differences between an ordinary and an extraordinary termination.
© Bihlmayerfotografie/IMAGO
In some collective agreements, employees cannot be terminated after a certain length of service.
Members of the works council cannot be properly dismissed either.
For these groups of people, there must be a valid reason that justifies extraordinary termination.
In addition, the works council must agree to an extraordinary termination.
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Ordinary termination possible without warning
In the case of a regular termination, however, the notice period must be observed.
In addition, it is not necessary for the employer to have issued a warning in advance.
Legally, employers have three different reasons for a regular dismissal: dismissal for behavioral reasons, dismissal for operational reasons and dismissal for personal reasons, for which illness cannot be the sole reason.
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If the employee does not agree to his termination, he can file a lawsuit against it within three weeks.
Of course, the chances of success vary depending on the circumstances of each case.
However, if this three-week deadline is missed, the termination is considered effective, warns the online portal
termination attorney
.