Can I get fired?

When does the employer terminate the contract?

The employer can terminate the contract for various reasons. They lie either in the person of the employee or outside of himself.

If an entrepreneur wants to dismiss employees, he is under labor law bound by numerous legal regulations. First of all, here is that Dismissal Protection Act (KSchG) that states the conditions under which workers may be fired.

And also in Civil Code (BGB) there are some clauses that concern the termination of the employment relationship - e.g. B. which notice periods are to be observed.

In addition, the termination of certain persons or groups is written down in further, separate legal texts (Severely Disabled Persons Act, Maternity Protection, Vocational Training Act etc.) In this context, experts speak of the special protection against dismissal to be observed. Read more about this in this guide.

For what reasons can supervisors initiate a dismissal?

What reasons for termination can an employer cite?

In companies that regularly employ more than ten full-time employees, comes the legal one Protection against dismissal to carry. However, part-time employees are also taken into account, but with a factor (Section 23 (2) KSchG):

  • they work up to 20 hours a week you will receive the Factor 0.5
  • at a Weekly working time up to a maximum of 30 hours, they will be with 0,75 calculated
  • from 30 hours applies to Factor 1

If a total of 10.25 employees work in the company, entrepreneurs must comply with the Dismissal Protection Act. Trainees are excluded from this count. They have no relevance in this context.

If these conditions are met, the labor law provides for the employer that he may only give notice of termination for three different reasons.

By the way: next to one ordinary termination, which ends the employment relationship only after a certain period, can also be a termination without notice done by the employer. The contractual relationship is then terminated with immediate effect. In view of this hardship, termination without notice by the employer is only permitted under special circumstances. The BGB lists the applicable provisions in Section 626 BGB ("Termination for good cause"):

The employment relationship can be terminated by either contracting party for good cause without observing a notice period if there are facts on the basis of which the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both contract parties, can continue the employment relationship until the end of the notice period or up to the agreed termination of the employment relationship cannot be expected. "(§ 626 BGB Paragraph 1)

The operational dismissal

A termination of the employment relationship allows the labor law even if the termination for operational reasons he follows. These have to go through their urgency and are not the only pitfall in the event of a dismissal by the employer. Further reasons for the operational dismissal must also exist in order for it to be effective:

  • the The employee's job is permanently lost
  • a Continued employment of the employee is not even at another workplace possible

Termination for operational reasons: You will only receive severance pay if the notice of termination is formulated accordingly.

The operational termination is with a Social selection connected.

That means: If an employee is to be dismissed, is Weighing up from a social point of view who has to go first (§ 1 KSchG).

The employer may therefore only terminate the contract if the following aspects have been adequately taken into account:

  • Age
  • Length of service with the company
  • any maintenance payments to be made
  • present severe disability
When does an operational dismissal go hand in hand with a severance payment? Paragraph 1a KSchG states: Employees are entitled to such a compensation amount in the amount of 0.5 monthly salaries multiplied by the length of service in yearsif the boss offers just that. In the letter of termination, the Point this out to employersthat the termination is due to urgent operational requirements. Furthermore, a reference is required to the fact that the employee may not contest the termination in court for this purpose (Waiver of action contract).

Since this type of termination is not due to misconduct on the part of the employee, no prior warning is required. The following also applies to operational dismissals: The notice period results from the statutory provisions (§ 622 BGB), optionally also from a collective agreement, the employment contract or a works agreement.

The legal basis:

The personal termination

The personal termination can be due to illness. It is not as easy to enforce as is commonly believed.

Ordinary termination by the employer can also take place if certain reasons inherent in the person of the employee himself cause him the is no longer able to provide the service guaranteed in the employment contract. This is for example one Termination due to illness the case. However, strict guidelines apply here, after all, discrimination against sick people should be avoided.

For a termination due to illness to be effective, employers must meet three requirements:

  • negative health prognosis: It is likely that his health situation will not improve in the future.
  • Impairment of interests: The absenteeism has a detrimental effect on the company's interests, e. B. due to operational disruptions
  • Weighing of interests: Before employers can terminate an employee because of frequent illness, the interests of both contractual partners must be weighed against each other.

Only if all of the points speak in favor of the termination by the employer, the decision on this reason for termination is effective.

Is a termination due to illness associated with a severance payment? Legally he has Employees have no entitlement to severance pay in the event of termination due to illness. However, they are free to to bring an action for protection against dismissal within three weeks of the notification of termination by the employer. This may motivate the boss to negotiate a severance payment.

The behavioral termination

An employment relationship can be terminated if a Employee culpably and seriously violated his contractual obligations. He can be accused of repeating:

As a rule, a warning is issued before the discharge, in which the Superiors reprimand the exposed behavior and threatens to take more stringent measures such as dismissalshould it occur again in the future. But one can behavior-related termination even without a warning respectively? In principle, yes. Such a procedure is in accordance with the law, if the employer does not have to expect that a complaint would lead to a change in the behavior complained of.

Does a termination always have to be in writing or can the employer also give verbal termination? § 623 BGB prescribes the written form for terminations:

The termination of employment relationships by notice or termination agreement must be in writing to be effective; the electronic form is excluded. "

This is how a template for the letter of termination to the employee can look like

If the employer terminates the employment relationship, your boss or supervisor will hand you the letter either in person or by mail. The termination from the employer follows a pattern that usually looks like this or similar.

Company Name
Name of employer
Company street and house number
Postal code and city First name and surname of the employee
Street and house number
ZIP code and location

Place and date

Termination of the employment relationship concluded on [day, month, year] (sample) <

Dear Ms / Mr [name of employee],

With this letter I terminate the employment relationship between us from [day, month, year] to [day, month, year] in due time, alternatively at the next possible point in time.

With best regards

________________________
signature of the employer

________________________
Signature of the employee

Notice of termination received on: ________________________

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When does the employer terminate the contract?
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