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The dismissal is probably the best known way to terminate an employment relationship. Since it usually has serious consequences for the employee, the legislator sets high requirements for the effectiveness of the unilateral termination of the employment contract. But what does it actually look like if a notice of termination is given without giving reasons?? Is a termination without cause legal? We would like to answer these and other questions for you in the following once.
What is a reason for termination?
- Termination for operational reasons
Termination for operational reasons is probably the most common reason for termination. This is the only termination for which the cause lies with the company or the employer. the employer. The reason for termination is divided into two subgroups. Besides internal reasons (e.g. (e.g. rationalization or closure of a company) can also be a reason for termination outside of the company (e.g. Decline in sales) Reasons exist for termination. - Dismissal on grounds of conduct
In the case of termination for behavioral reasons, again, the employee himself is the reason for the notice given. However, in order for the employer to be able to effectively issue a termination for behavioral reasons at all, a warning must usually be issued first. Examples of termination for behavioral reasons are refusal to work, sexual harassment or insults. - The person-related dismissal
Even in the case of termination for personal reasons, the reason lies in the sphere of the employee. Here, either subjective performance deficiencies or objective performance deficiencies ensure that the employee only improperly fulfills his employment contract obligation. Criminal offenses, imprisonment and lack of suitability for performing the contractually owed duties are common examples. But also a dismissal in case of illness falls into this group. Termination for health reasons is possible if certain conditions are met. Thus, there must be a negative health prognosis, by which the company's interests are severely impaired. If, on top of this, there is no other possibility of employment in the company, the illness can become a reason for termination.
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What constitutes good cause for termination?
In addition to the ordinary dismissal, there is also the extraordinary dismissal. But what justifies an extraordinary termination? In order for this to happen, the employer does not need a reason for termination, but a so-called important reason. Extraordinary termination rights are strictly scrutinized by the labor courts. After all, dismissal without notice can have serious consequences for the employee. The reason is important if an employee violates his or her contractually owed duties to a considerable extent. The focus is not only on work performance. Ancillary duties such as punctuality and duties of consideration can also be taken into account in this context. A classic case of termination without notice is probably the insult of the employer. Good cause for termination may also lie on the part of the employee. This is the case, for example, with serious physical or mental illnesses. In this case, the employee does not have to accept a blocking period of the unemployment benefit either. If there are such important reasons for termination without a blocking period, a corresponding medical certificate must be available.
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Can the boss simply terminate my employment?
Who signed once an employment contract, has for eternity a safe job. Is that so? Unfortunately, it is not quite that simple. But you can be dismissed without cause? If your employer wants to terminate your employment, German labor law fortunately puts many restrictions in his way. The German Dismissal Protection Act (Kundigungsschutzgesetz) plays a particularly important role here. If it applies to your employment relationship, your boss is obliged to have a reason for termination. Termination without a reason for termination is then not possible. Unfortunately, not all employees can enjoy this extensive protection against dismissal. The prerequisite for this is that you have been employed by the company for at least six months without interruption. In addition, the company must have more than ten employees. Conversely, you are not protected against dismissal if these two conditions are not met. Then your employer can give you notice of termination without cause.
When is it permissible to terminate without cause?
Ordinary termination without cause is only possible if the Dismissal Protection Act does not apply. This is the case if
- the company does not employ more than ten employees
- the employment relationship has not existed for at least six months without interruption
This means that a termination during the probationary period is possible without giving reasons. However, termination without notice and without cause is not possible. For this, the employer needs a so-called important reason.
Is the termination during the probationary period without giving reasons legal??
In the case of employees who are still in their probationary period, the Dismissal Protection Act does not yet apply. This is due to the fact that the employment relationship has not yet lasted longer than six months at a stretch. For this reason a notice without reason is effective here.
When does the employer have to give reasons for the termination?
There are two scenarios in which the employer must give a reason for termination. In the case of ordinary termination, a reason for termination must be given if the Dismissal Protection Act applies. For this, the employee must have been employed in the company for at least six months. In addition, the company must have more than ten employees. On the other hand, a termination without notice and without giving reasons is never possible. Quite the opposite. Before the employer issues a termination without notice, he must first issue an effective warning as a rule.
Can you refuse a notice?
In contrast to a contract, a termination is a unilateral legal transaction. This means that the effectiveness does not depend on the consent of another. A refusal is therefore not possible.
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Can I receive severance pay in the event of termination without cause??
Your employer is not obliged to pay you severance pay. But how does it look like in the case of termination of employment without giving reasons? Again there is no obligation for your boss. It is therefore all the more important that you defend yourself by taking legal action against dismissal. A specialist lawyer for employment law will help you to obtain an appropriate severance payment.
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How we can help you?
If you receive notice of termination from your boss, there are a few steps that should be followed. This also includes getting professional support on your side. The Chevalier attorneys at law are at your side with advice and action and get the best for you in an action against unfair dismissal.
Use our online quick check to determine your possible severance amount or use our form for a free initial assessment.
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