As of: February 15, 2024, 4:47 a.m
By: Carina Blumenroth
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If employees are fired, there must be a reason, right?
This is not always the case - when termination can be made without giving reasons.
Anyone who works has concluded an employment contract with the company.
This sets out the rights and obligations for employees and employers.
Before signing, it makes sense for employees to negotiate a few points.
If one of the parties notices during their working life that things are no longer a good fit, the employment relationship can be terminated properly.
But do reasons always have to be given?
What is ordinary termination?
Can ordinary termination take place without reason?
It depends on.
© Robijn Page/Westend61/Imago
An ordinary termination can take place for various reasons, which can be the following, summarizes the
Chevalier law firm
on its own website:
Termination for operational reasons: This form is the only one in which the cause lies with the company.
There may be internal reasons, such as rationalization, or external reasons such as a decline in sales.
Termination due to conduct: In this case, you as the employee are the reason for the termination.
As a rule, a warning must be issued in advance.
Reasons include insults or refusal to work.
Dismissal for personal reasons: In this case, too, you are the problem - it could be due to your performance or possible crimes you have committed.
Termination due to illness also falls into this category.
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Ordinary termination without giving reasons
If the Dismissal Protection Act applies to your situation, your employer must provide a reason for termination.
However, this is not the case if the company has fewer than ten employees or you have been with the company for less than six months.
It follows that ordinary termination without giving reasons is possible if...
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... employees are in the probationary period.
... the company is small.
What does it look like if I, as an employee, want to properly terminate my contract?
In the case of a regular termination, you as an employee do not have to give a reason.
What happens if you are terminated without notice?
For a termination without notice, employers and employees need an important reason, informs the Von Rueden
Lawyers' Partnership
.
This also applies to the probationary period and in small businesses.
An exception is vocational training, where “termination without notice during the probationary period may occur without giving reasons,” the lawyers further inform.