As of: March 13, 2024, 7:47 a.m
By: Carina Blumenroth
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There are different types of termination.
Among other things, termination for operational reasons - when this is permitted and what deadlines apply.
Job changes are part of professional life and can be voluntary or involuntary.
The latter includes, among other things, termination for operational reasons.
Termination for operational reasons – a business decision
A termination for operational reasons is a business decision and must be credibly justified by the employer.
(Symbolic image) © Bartek Szewczyk/Imago
Termination for operational reasons is, in addition to termination for personal and behavioral reasons, a form of ordinary termination.
This means that employees are fundamentally protected against dismissal, informs the
Arbeitsrechte.de portal.
Those who have been employed for more than six months in a company with more than eleven employees are protected from dismissal.
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Requirements for termination for operational reasons
If you are to be terminated for operational reasons, certain requirements must be met.
The Haufe
portal
summarizes these as follows:
Lack of orders
Decline in sales
restructuring
Organizational changes
If this is for a permanent period, termination can be made for operational reasons.
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Deadlines for termination for operational reasons
In principle, termination is possible with four weeks' notice on the 15th or at the end of a calendar month.
The deadline extends depending on the length of service.
The
Kenjo
portal informs that the notice period is extended to up to seven months if the employment relationship lasts longer than two years.
The deadlines for termination by the employer at a glance:
Length of service |
notice period |
|---|---|
Up to two years in operation |
one month according to the BGB |
five years in operation |
two months according to the BGB |
eight years in operation |
at least three months according to the BGB |
ten years in operation |
at least four months according to the BGB |
twenty years in business |
seven months according to the BGB |
Termination and severance pay for operational reasons
If the notice period for a dismissal for operational reasons has expired, a severance payment can be claimed under the following circumstances in accordance with Section 1a of the Dismissal Protection Act:
Note in the letter of termination
No dismissal protection claim was filed within three weeks.
Employer is willing to pay severance pay.
Source: Arbeitsrecht.de
A severance payment is usually made in the amount of half of gross monthly earnings per year of employment,
Kenjo
informs with reference to the legislature.
However, labor courts can also set a higher standard.