Behavioral Termination: The Requirements
Behavioral termination: 3 important facts
- Balance of interests is required to explore opportunities for milder consistency.
- The end of the employment contract through a behavioral termination takes the last step. Beforehand, according to employment law, a warning must be given.
- Whether a behavioral termination is compatible with employment law should always be checked by a lawyer. Maybe a dismissal protection suit has a chance of success.
Behavioral Termination: Introduction
Termination terminates employment and can be a major cut for workers. Here come for employers according to labor law basically three reasons for termination in question:
- Operating termination
- Person-related termination
- Behavioral termination
This article discusses behavioral termination and its requirements.
Behavioral termination: when does it enter?
According to employment law, the employer must demonstrate a clear breach of duty of the employee in order to be able to terminate the employment relationship due to behavioral reasons. A balance of interests must also take place in which the interests of employees and employers are contrasted.
There are three main reasons for the employer in question:
- Disruptions of the power range
- Disturbances of the confidence interval
- Disruptions to the company order
Behavioral termination: range of benefits
If the employer finds a reduced work performance, although the employee could do more, then this can mean a warning or loss of employment.
Possible reasons:
- Target hours are exceeded for a long time
- Worker is absent without excuse in the workplace
- Employee delivers low-quality work compared to colleagues (permanent)
- Internet and e-mail from the employer is used privately
Behavioral Termination: Confidentiality
This category is about the loss of trust and behavior on the part of the employee, making further collaboration almost impossible for the employer.
Possible reasons:
- Theft or fraud can lead to a termination without notice, sometimes without prior warning. However, weighing interests is still one of the prerequisites.
- Employer is deceived by the employee at the time of work.
Behavioral termination: company order
If a worker behaves inappropriately against colleagues or customers, the employer may issue a notice of termination under labor law.
Possible reasons:
- Bullying (see also Bullying in the workplace)
- Alcohol consumption at work (in individual cases, personal termination may also occur)
Behavioral termination: warning
- Before the employer can pronounce a behavioral termination, should previously issued a warning have been. Only in the case of very serious violations can a dismissal be made directly for the employee.
- If a worker has received a warning, he should immediately get a job law specialization Consult expertsto check whether the warning is also effective, as this is otherwise noted in the personnel file.
Whether there is a deadline for warning, you will find out here.
Behavioral termination: What can I do about it?
Who gets a behavioral termination, not only loses his job, but also has one Blocking period for unemployment benefit to fear. Therefore, here, as with a warning, to seek advice from a lawyer who is well versed in labor law. Maybe something can be done with a dismissal protection suit.
Otherwise, it can be a goal to agree with the employer on a settlement and a to achieve operational termination. In that case, there is a good chance that you will not receive unemployment benefits.
From right to terminate without notice: With us you find out everything to the termination.
If you want to share your career with others, check out our ChroniquesDuVasteMonde community.
Videotipp: Cancellation job interview
