What you as an employee must know about termination!
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Termination of an employment relationship must be in writing. This applies to both terminations by the employer and those by the employee. According to Section 126 of the German Civil Code (BGB) , "in writing" means that the termination letter must be signed by the terminating party. This means that a verbal termination or a termination via email or WhatsApp is not valid.
Must a reason be given in the termination?
Basically, in the letter of dismissal itself - apart from a few exceptions such as in a training relationship - no reason for termination must be mentioned. It basically does not need to be specified why a notice was given. However, it may be that the employer subsequently has to prove a reason for dismissal in the context of a dismissal protection suit if the employee is under employment protection.
What is the difference between ordinary, timely, extraordinary and termination without notice?
Termination without notice means termination of employment immediately upon receipt of termination. "Fristlos" therefore does not mean the reason for the termination, but refers to the termination time. An extraordinary termination is not necessarily a termination without notice. The employer may also associate an extraordinary dismissal, which requires good cause, with a so-called "social expiration period", with the result that the employment relationship does not end until this period has expired. As a rule, extraordinary dismissal means at the same time termination without notice. Ordinary termination, on the other hand, does not require any good reason and terminates the employment relationship only after the expiry of a certain period.
What is the severance pay for a termination?
According to German law, a claim for severance pay is generally not contrary to what is often the common opinion. There are only a few exceptions in which there is actually a legal entitlement to a severance payment. In most cases, however, the severance pay is the result of a lawsuit before the employment tribunal with which the employee defends himself against dismissal. The severance payment is the agreement between the employer and the employee in court, which ensures that the employee accepts the termination of the employment relationship and is compensated by the severance pay for the loss of the job.
How can I defend myself against termination?
Against a notice you can defend yourself with a dismissal protection suit at the labor court. For this, a lawyer specializing in labor law should be assigned. In this context, it is important to act as soon as possible after receipt of a notice of termination, as the dismissal protection action can only be filed within three weeks after receipt of the termination. If this deadline is missed, the termination is considered effective.
If you also have a question about terminating an employment relationship, simply call and arrange an appointment with our lawyer Michael Gabler.
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