A reason for the termination is usually not given. For many employees, the question then arises whether the employer can give notice without giving a reason.
As a rule, the employer does not need to state the reason for ordinary termination. However, this does not mean that the employer does not need a reason for dismissal. For example, if an employee enjoys protection against dismissal according to the Employment Protection Act (length of employment longer than 6 months and operation with more than 10 employees on a regular basis), the employer must state the reason for the termination at the latest in court proceedings. If the employer cannot provide such a reason, the termination is ineffective. If there is such a reason, the termination is effective. It does not matter whether the employee was informed of the reason in the notice of termination.
Only if a relevant collective agreement requires a justification does the employer have to state one in the letter of termination.
For an extraordinary termination, the employer needs an important reason, § 626 BGB. However, the employer does not have to state this important reason in the notice of termination. However, the employee can request that the reason for termination be communicated to him immediately, section 626 (2) sentence 3 BGB.
Such a case can arise, for example, if the employment contract contains the following regulation:
"Termination must be in writing. If the company gives notice of termination, the reason for termination must be stated. "
If the employer then gives notice of termination and does not give a reason, the labor court must determine by interpretation (§§ 133, 157 BGB) whether this provision is intended to make the termination null and void if the reason is not stated. Unless it can be determined beyond doubt that the termination should also be effective without stating the reason, section 125 sentence 2 of the German Civil Code applies, according to which "in doubt" the termination is to be seen as null and thus ineffective (Federal Labor Court, NZA 2013 , 900).
If you have any questions about termination or employment law, please contact our Lawyer Michael Gabler, Mr. Gabler represents you at the labor courts in Regensburg and Landshut (Labor Court in Regensburg Landshut).
Your comment
Participate in discussion?Leave us your comment!