Termination due to illness: Can it hit me?

Termination for illness: Introduction

First of all: In principle, employers can also pronounce illness-related dismissals. But you have to certain conditions be fulfilled. In many cases, the illness-related termination is therefore not effective.
The illness-related termination is one personal termination and comes into play when the employee can no longer fulfill the employment contract due to a disease according to the prognosis.
In the probationary period However, an employer can without giving reasons give notice of termination, as workers in the early days do not yet benefit from the Employment Protection Act.

More than six weeks a year: If a worker is ill for more than six weeks per year, the employer suffers from economic disadvantages due to absence from work, which can result in termination.
No prognosis for improvement: However, according to employment law, the fact of longer absences alone is not enough to declare illness-related dismissal. It must also be foreseeable that no permanent improvement in absenteeism is foreseeable in the future. It is irrelevant whether the recovery of the disease takes much longer or whether it is a recurrent disease.
consider: Finally, the employer has to balance the interests between him and the employee. In these interests, the result per employer must be canceled in order to be able to pronounce the personal termination to the employee.

Alcohol and drug addiction: Drugs and alcohol can also be classified as illnesses under labor law if employees are thus no longer able to perform their tasks in the company on a permanent basis. First, affected employees should make a withdrawal. If this fails, however, employers can claim a disability as a reason for termination.
No termination without notice: Due to a permanent illness can never be terminated without notice. The illness-related termination due to incapacity for work always falls within the scope of personal termination? the notice period must therefore be observed. However, notice can be given without notice if the employee is caught while doing blue-jeans.
No warning in advance: In the event of a person-related termination, no warning is required beforehand, since the reason for the absences is not the fault of the employee. Unless the worker deliberately does not care for his recovery or is ill. But then it is no longer a disease-related termination.

Termination in the probationary period? Sick in the probationary period? Holiday entitlement at termination? With us no questions are left open.

If you would like to share your career with others, check out our ChroniquesDuVasteMonde community.