Career
May 17, 2024

Termination: What now?

Operational termination: 3 important facts

For the operational termination conditions must be met
Employees can initiate a dismissal protection suit
Compensation possible

Termination due to employment: Does the employment protection law help?

The first six months of employment are considered as waiting period, During this period, the employment protection law is not applicable? In other words, employers can give notice to a worker for no good reason with a notice period.

Whether dismissal protection takes effect depends also on the Size of the company from. Employees in companies with ten or fewer employees can not rely on dismissal protection. Despite protection against dismissal, an operational termination may take effect under certain conditions.

Termination due to work: Conditions

Urgent operational requirements: In principle, employers have the freedom to reorganize their business so that the employees' workplace is no longer needed. Reasons could be the outsourcing of some activities to external subcontractors, a change in the focus of the job or rationalization measures.
Lack of further employment opportunity: The employer has to offer workers a comparable, free job in the company before a redundancy. The Employment Protection Act (KSchG) stipulates that the job must be carried out for the employee on the basis of his qualifications and abilities and that he has a factual connection to the previous job. Also offering a retraining or further training is possible.
Social selection: When selecting the employee to be dismissed, the employer has to consider social criteria according to labor law. For this, there must first be comparability between the employees, in terms of qualification and position in the company. Basically, except for the social selection z. B. groups protected by the employment protection law? like workers in maternity protection or severely handicapped. The criteria listed below are to be considered as of equal importance.

Termination due to employment: criteria for social selection

Length of service
Older
Maintenance obligations (family with child)
severe disability

Termination: What can I do?

In the case of an employment-related termination, you should as an employee to one specialized in labor law experts turn. And as fast as possible! Because the decision whether an action for protection against dismissal is sought iswithin three weeks of receipt of the termination hold true.
Especially if the employer does not offer severance pay, should one Unfair dismissal claim come to fruition. Talk to the lawyer for labor law about the costs, because the lawyer you have to pay in any case.
A Labor law protection insurance can remedy financial costs, but only three months after graduation. However, as a member of a union, you are already covered by legal protection.

Termination: All for severance pay

In the notice of termination the employer can note that one Severance pay for the employee is paid, provided that he renounces his right of dismissal protection.
The employment protection law provides for a severance pay of one half-yearly earnings per year seniority with everything from six months to round up. Special payments such as holiday pay will be credited proportionately.
The compensation itself is not referred to as pay, but as Compensation for the lost job, Therefore, no contributions are payable in social security.

Operating Termination: Termination Agreement

A cancellation contract is one way, one to avoid operational terminationespecially if cooperation in the interests of both parties should be ended as soon as possible.
As an employee, a termination agreement may make sense if the Amount of severance pay rises as a result, It is advisable not to take the first offer for a cancellation contract. The contract may also lead to a blocking period for unemployment benefits, unless an alternative to an employment-related termination would have followed.
Therefore, it is really important that the employer facts also noted in the cancellation agreement. Then go to the job center immediately to avoid delays.

Do you have questions about the termination in the probationary period, vacation in the probationary period or severance pay at notice? We provide you with detailed answers.

Do you want to talk to others about your job situation? Then check out our ChroniquesDuVasteMonde Community.