Termination

In accordance with Section 623 BGB, notice of termination must be given in writing; however, it is not necessary to state reasons in the letter of termination. If a works council exists, it must be consulted before a dismissal is issued in accordance with Section 102 BetrVG.

An ordinary dismissal is only effective within the scope of the Dismissal Protection Act if it is socially justified. The Dismissal Protection Act applies to employees who have been working in the company for more than 6 months when the notice of dismissal is received and if the company has more than 10 employees pursuant to Section 23 (1) sentence 3 KSchG. In small companies with fewer than 10 employees and in the first 6 months of the employment relationship, the dismissal does not require social justification. Employment contracts often also provide for a probationary period of 6 months. The sole purpose of this is to shorten the notice period during this time to 2 weeks as a rule.

Pursuant to Section 1 (2) KSchG, reasons of social justification may include operational, personal or behavioral reasons.

A dismissal can be justified for urgent operational reasons if there are external or internal causes that lead to the loss of a job. This is particularly the case in the event of a decline in orders, closure or rationalization.

Termination for personal reasons is usually due to illness.

There are grounds for dismissal for conduct-related reasons if an employee breaches their contractual obligations. As a rule, such a breach must have been warned beforehand.

More information? Email us: arbeitsrecht@voelker-gruppe.com