As of: February 24, 2024, 11:32 a.m
By: Natalie Hull-Deichsel
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Termination without notice – does this mean losing your job straight away?
Or for employers, for example, for employees?
Which reasons are legal?
If an employee is terminated without notice or if he or she expresses the termination without notice themselves, the employment relationship is terminated immediately.
A notice period of one month to the end of the month or more - depending on length of service - as is the case with a regular termination, is then no longer required.
Rather, the regulations for extraordinary termination apply.
There are various reasons for termination without notice by the employer or employee.
Anyone who knows avoidable mistakes that can lead to an immediate termination of the employment relationship is well advised.
Termination without notice: How the employer can justify the immediate loss of job
For example, if you take a leave of absence, work 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 immediate dismissal.
© bspieldenner/Imago
Before termination without notice occurs - which should basically be the last possible option - the law requires at least one warning, as the
Deutsche Handwerkzeitung (DHZ)
says.
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.
Mistakes at work do not necessarily have to lead to termination.
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However, if the violation is so vehement and serious that the relationship of trust is so shaken, extraordinary termination can be issued even without prior warning.
Many of the reasons and violations that justify dismissal without notice are often not understood by employers and employees.
Some may also be less obvious.
According to
Hensche Rechtsanwälte, labor law firm, which breaches of duty require immediate termination of the employment relationship with the employee
is legal:
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Assault or physical injury at work
Embezzlement or theft at work
Driving without a license while working
Driving under the influence of alcohol while working
Insulting or damaging the reputation of the employer, colleagues or customers
Self-exemption
Working in a part-time job even though you are unable to work in your main job
Drinking alcohol at work
Violation of a ban on alcohol in the workplace
Announced sick celebration
Threatening to take a sick note
Working despite being on sick leave
Refusal to work
Working time fraud or incorrect working time documentation
Insulting an employee, colleague or superior
In principle, completed or attempted theft is enough to allow an employee to be terminated without notice.
The value of the thing is hardly, or at least not the only, decisive factor here.
Ass. jur.
Richard Schweizer, Reutlingen Chamber of Crafts, to the DHZ
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Termination without notice: What rights the employee has
Termination without notice can also be given by an employee in the same way.
Important reasons can be, for example:
Insult from 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