Labor Law and Termination: 10 reasons of employers


We are moved by the idea to make the world of work more human - without constant pressure for efficiency, stress and fear. As Publisher Best of HR - Berufebilder.de® with podcast, eLearning-on-demand offers and news service we share 15 years of experience with our customers (Samsung, Otto, state institutions). By the Top20 female blogger and consultant Simone Janson, referenced in ARD, ZEIT, Wikipedia .
Copyright: Artwork created as part of a free collaboration with Shutterstock. ,

Horror theme Termination: Again and again you hear about people who have been terminated without notice because of a small offense. in the Interview with Sophia von Rundstedt the case of an employee who was terminated on the first day after parental leave. What are employers allowed to do? 10 tips.

Labor Law and Termination: 10 Reasons of Employers Employment Law and Termination: 10 Reasons of Employers

Tip: Text as PDF or podcast (please read the instructions!) or to this text complete eCourse Download. Regular promotions or news per Newsletter!


More knowledge - Podcast, PDF download, eCourse or personal advice

Here writes for you: Simone Janson is a publisher, German Top20 blogger and HR communication consultant. Profile

Our books

Read


Best of HR Berufebilder

Read


Best of HR Berufebilder

Read


Read


Best of HR Berufebilder

Read


"We have protection against dismissal!"

Overview

When the story of the employee went through the press, which was dismissed by his boss on the very first day of his parental leave, the question always swung, "Can that really be? We do have protection! "

Tip: Text as PDF or podcast (please read the instructions!) or to this text complete eCourse Download. Regular promotions or news per Newsletter!

The protection against dismissal by trade unions in fierce labor struggles seems to become increasingly a relict, employers would prefer to abolish it altogether in the course of global flexibilisation and competitiveness, as is the rule in most other countries.

Protection against dismissal does not apply to smaller ones Company

Overview

A few days later, by the way, the next story of this kind went through the press. In both cases the problem was solved: The company had fewer employees than 10. And thus the protection of the protection was virtually obsolete.

But otherwise the protection against dismissal is not always valid, but much more often than many thinkers the sword of Damocles hovers over the heads without notice. For example, with gross breaches of duty.

Sickness must be credible

Overview

An employee was sick after a violent argument with her boss for the next weeks. The fact that the certificates of incapacity for work which she issued during this period were issued by a different doctor and different reasons of illness, made the head suspicious and he announced to his co-worker without notice.

Tip: Text as PDF or podcast (please read the instructions!) or to this text complete eCourse Download. Regular promotions or news per Newsletter!

There was also no legal action against dismissal: the judge ruled that the dismissal is admissible without justification, because the deliberate pretense of incapacity for work is a serious duty violation.

Issue of smoking breaks and insults

Overview

In another case, an employee was terminated without notice, because he had paused without the permission of the boss. However, he had not explicitly prohibited the breaks, nor had he been warned beforehand, so that termination without notice is problematic.

And even in the case of an office worker who had insulted their superiors as a "stupid cow", the labor court declared the dismissal ineffective, because the special circumstances were taken into account: A warning would have been sufficient.

Dependent on the individual case

Overview

The examples show that it is not always easy to say when a termination is really appropriate - because often this depends on the individual case and the circumstances. But the fact is: If an employer wants to terminate an employee, he must be able to give a reason under the Protection Against Personal Injuries Act (KSchG) if the employee works longer than 6 months in a company employing more than 10 full-time employees.

Tip: Text as PDF or podcast (please read the instructions!) or to this text complete eCourse Download. Regular promotions or news per Newsletter!

One reason can be, for example, a redundancy-related termination: the employer must prove that "operational requirements" such as a decline in sales force him to terminate the contract. If an employee is not suitable for a job due to technical or physical reasons that are outside his sphere of influence, such as a permanent illness, he or she may be terminated on a personal basis.

Termination without notice is possible

Overview

In addition, there are redundancies that an employee owes himself to by misconduct - for example, if he violates company secrets or has an unauthorized side job. Usually, however, the employer must first admonish before he can pronounce a behavioral termination.

This is different in the case of gross misconduct on the part of the employee, for example, if he steals something or uses the internet privately despite the prohibition. Here the employer can terminate immediately and without notice.

Termination after parental leave is just one of many cases that went through the press - in addition, even made cases in which people were dismissed for insults, for example, in social networks, the round. But what are the reasons for termination without notice?

Tip: Text as PDF or podcast (please read the instructions!) or to this text complete eCourse Download. Regular promotions or news per Newsletter!

Termination for good cause?

Overview

There must be an important reason in Germany for terminating an employment contract without notice.

And the legislature sees, when facts are present, that the continuation of the contract is unacceptable. Specifically, it says in §626 BGB:

  1. The employment relationship may be terminated by any party for good cause without observance of a period of notice if there are facts on the basis of which the terminator may continue the employment contract until the expiry of the period of notice or up to the agreed termination of the employment relationship can not be expected.
  2. The cancellation can only be made within two weeks. The period begins with the date on which the person entitled to the notice acquires knowledge of the facts which are decisive for the termination. The terminator must notify the other party in writing of the reason for the termination without delay.

10 typical reasons for termination

Overview

But what are these important reasons? We will show you 10 examples - of course there is a lot more.

  1. Theft: A classic: Who steals his boss, flies - without notice. Even if there are only small amounts.
  2. Private Surfing: Your boss has banned you private internet from workplace? Job loss is waving when you do it anyway.
  3. Porn: Even if you are allowed to surf the job privately, anyone who downloads porn during their working hours risks the immediate removal!
  4. Insult: "You dork" - who insulted his boss for malicious motives, must live with the fact that sends him home.
  5. In addition to the job of joblessness, anyone who writes to be sick to do a different job also loses the trust of his boss.
  6. Holidays without permission: summer, sun, holiday season - but not without the permission of the boss. Who drives anyway, does not need to come back.
  7. Extortion: Whoever threatens his employer with a sick report, because he does not approve a leave, must also expect consequences.
  8. Refusal to work: duty according to regulations is one thing, persevering work refuse another: whoever constantly refuses work, does not have to wonder about the consequences.
  9. Competitive activity: Even that does not work: work for the competition - regardless of whether the employer is damaged or not.
  10. Alcohol abuse: Well then cheers - but better not in the job, and certainly not if you are a truck driver. Because then you can immediately pick up your certificate of employment.

Tip: Text as PDF or podcast (please read the instructions!) or to this text complete eCourse Download. Regular promotions or news per Newsletter!


More knowledge - Podcast, PDF download, eCourse or personal advice

Overview


Offline download: Download this text as PDF - Read usage rights, Because we do not automatically submit the title of this text for privacy reasons: When buying in "interests" the title register if support is needed. After buying text exclusively Download at this URL (please save).

3,35 Book now


Listen to Podcast & Download MP3: You can listen to this text for free, as member even without annoying popup, or download the MP3 for a fee - Read usage rights, After the purchase page refresh, then you will find the download link here. Because we do not automatically submit the title of this podcast for privacy reasons: When buying in "interests" the title register if support is needed.

3,35 Book now


Your eCourse on Demand: Choose your personal eCourse on this or another desired topic, As a PDF download. Up to 30 lessons with each 4 learning task + final lesson. Please enter the title under "interests". Alternatively, we are happy to put together your course for you or offer you a personal regular eMailCourse including supervision and certificate - all further information!

16,20 Book now


Consultant packages: You want to increase your reach or address applicants as an employer? For these and other topics we offer special Consultant packages (overview) - For example, a personal phone call (price is per hour).

149,99 Book now


occupations pictures

You want to comment here? Please the Debate Rules comply, contributions must be unlocked. Your eMailAddress remains secret. More information on the use of your data and how you can counter this can be found in our Privacy Policy.

  1. To follow debate on this post
  2. All debates follow
  3. Debates per eMail subscribe (add link here!)
  1. Ausbildung.de

    # Cancellations are not nice. What is the "employer" and what is not?
    - Exciting contributionbRLQ7Tcpwv
    @SimoneJanson @Berufebilder

  2. Sandra Ruppert

    RT @AlmaMeise: Good article: "Caution termination" of @SimoneJanson: #Working right # termination #Job #Career

  3. Steffan

    What also leads to a termination without notice is: If one says oh I'm not upset I'm sick. And then really sick, but we have already mentioned such a case above. :)

    • Simone Janson

      Hello Steffan,
      thanks for the note. Tomorrow we will bring a list with further reasons for dismissal.

  4. Alma Mater

    Good article: "Caution termination" by @SimoneJanson: #Working right # termination #Job #Career

  5. Jobby Jobguide

    RT @AlmaMeise: Good article: "Caution termination" of @SimoneJanson: #Working right # termination #Job #Career

Post a Comment

Your email address will not be published. Required fields are marked with * .

JaI would like to be regularly informed about the latest promotions & offers Newsletter be informed.

I hereby accept the Debate Rules and the Privacy policy with the possibility to contradict the use of my data at any time.