Dismissals: That can cost you the job!
What you need to know about layoffs
An employment relationship can end both the employer and the employee. But the employer is limited. Basically, a distinction is made between operating and behavioral redundancies. There are reasons for behavioral termination if you have committed serious misconduct. How you assess your own behavior is unimportant. But no worry. In most cases, your supervisor must warn you and give you four weeks to correct your misconduct. Only then will he be allowed to terminate you regularly.
The exception to this rule is termination without notice. She is an immediate sack. However, employers may only pronounce them in exceptional cases if it would no longer be justifiable for you to spend one more day because of your misconduct.
Stay away: theft at work
So that it does not even come so far, the highest rule is: Do not lose the confidence of your boss. Because once that's gone, you have very bad cards. This shows the example of the Berlin supermarket cashier "Emmely", who had embezzled a pledge worth 1.30 euros and then their dismissal termination. And rightly so, as the judges found in lower courts. The Federal Labor Court was indeed right, as she complained against the termination. But a reason for a warning is such an action anyway.
Embezzlement and theft at the workplace are not about the value the employee takes on the company. It's all about the loss of confidence. Even though the labor courts are no longer making such trivial decisions in such trivial matters, it is better to leave pens and printer paper, paper clips and folders in the office so as not to give the employer any grounds for dismissal.
Working hours: Even the cigarette break counts
Anyone who constantly comes late to work, covers his lunch break and does not stamp out a cigarette break, must reckon with a warning or notice. For a company is entitled to the entire time it pays for an employee. And it may also specify the working hours at which all employees must be present. So if you like to go to the office early in the morning to go earlier in the evening, you should look into his employment contract and the company agreements and negotiate with his boss in case of doubt. When an important job needs to be done, a boss may order overtime. However, they will have to be balanced over the next six months. The same goes for the holidays. Supervisors are required to give their employees the opportunity to take their leave. If an employee takes leave unauthorized, this is a reason for termination without notice.
Illness: recover!
A flu is not a reason for termination. Unless your boss gets you how to make your week shopping flu-sick. Those who are ill do not have to go to work but are not allowed to do anything that hinders their recovery. In the case of an influenza, this means that you should not leave your four walls if possible. But it also means that you do not have to lie in bed with a broken hand, for example, but you can spend the morning with a friend in the café. However, do not let yourself be seen wearing heavy shopping bags. That could cost you the job. If you feel so bad in the morning that you can not make it to the doctor right away, remember that you have to present your doctor a certificate no later than three days later. And that applies regardless of Sundays and public holidays. So if you get sick on Friday, submit the certificate by Monday at the latest.
At work: Simple rules of the game
Most supervisors know how important a good work environment is and sometimes turn a blind eye when they catch their employees chatting in the hallway. But if you have too loose a mouth, that can be fatal. To blaspheme the boss or to talk badly about the business is taboo. In particularly blatant cases, this can lead to dismissal due to misuse of trust and harmful behavior. So, if you are annoyed with your supervisor, either seek the conversation directly with him, or talk to someone who does not push your worries away. Stay out of the general office gossip, but stay up to date. And be fair to colleagues. Who blasphemes or bullying others, can fly out. Also prohibited at work: alcohol. A flask in the drawer, a bottle of champagne among colleagues or a morning flag can be enough for a throw out.Many companies make an exception on certain occasions such as company parties, birthdays, etc. But also here is: In case of doubt, play it safe and wait until drinking after work.
Private on the phone and on the Internet: You should pay attention to this
While working, just pass the shopping list with the man, clarify with the best friend the appointment for tonight and update the profile on Facebook - all prohibited. Computers and phones are devices that a company provides to its employees to work. Who uses them for other purposes, makes itself terminable. At least theoretically. Practically, most companies have made rules and agreements governing the private use of the Internet and the telephone. Some allow private surfing and phoning only during break time, others require their employees to dial a number on private calls. Such rules must be recorded in writing, in the employment contract, the company agreements or on notice boards. You should be especially careful when surfing the internet. After all, large companies often keep track of which pages have been browsed from which computer. This data could reveal more to your boss than he needs to know. Whether you are looking for a divorce lawyer or are interested in another job, your private business should remain. Danger: If there is no regulation in your company that explicitly allows private surfing, it is automatically banned.
With detective and camera: So far may the boss go
For many cashiers, it has long been normal for them to be observed at work by cameras. Especially in jobs involving money, bosses are allowed to monitor their employees. But even otherwise, a suspicious superior may snoop on his employees. For example, many private investigators advertise quite candidly and unabashedly with the supervision of ill-written workers. Anyone caught here at Blaumachen, not only has to expect a termination without notice, but also stand straight for the cost of surveillance. Even if the boss suspects an employee to charge too high a fee, to work black or to give wrong hours wrongly, he can set a detective on him. However, if your boss starts listening to your phone calls or opening personal letters, he goes too far and you should fight back. Sometimes, however, a supervisor does not even need proof for termination. For example, if your boss suspects you of being in the cash register, he may give you notice. He must talk to you about the charges and give you the opportunity to defend yourself. But the notice is also valid, if afterwards it turns out, that there was nothing in the suspicion. In such a case, however, you have a claim to reinstatement in court, which you can sue.
Not your fault: operational termination
The only consolation in the case of an operational termination is that it is most likely not yours. If a business goes bad, if the order books are empty and the products can not find buyers, a company may terminate its employees. However, it must prove that the poor economic situation not only less money in the coffers, but actually less work to do. In court, this may mean that the company must present its balance sheets to justify a termination.
This is why many employers use a different strategy: they restructure their company, compile departments, outsource work to external providers, or move. Anyone who is no longer needed or does not want to join the move to a new location may give notice to the employer. Lawyers speak in such a case of a creative entrepreneur's decision and in the state does not speak to the entrepreneur.
Canceled: What you can do now
Keep calm. Getting a letter of termination is a shock at first. But even if you no longer feel like making a mistake for your employer, you should not accept the termination so easily. Not infrequently, you can change the terms of the termination in your favor. If there is a works council in your company, contact him. Clarify whether dismissal is lawful from the point of view of the works council and speak with a lawyer. Especially against a termination without notice you should try to proceed. Anyone who is terminated without notice will no longer receive a salary and may find it difficult to find a new job. Often, compensation can be obtained in court or the conversion into a normal termination. But you have to complain in any case within three weeks after receipt of the notice. Otherwise you will lose your job - forever.
