Termination
A dismissal should be checked by a labor lawyer.
A mostly unexpected dismissal turns everything upside down for employees, because the future is now uncertain. However, many dismissed employees forget something very important in this already difficult situation: they do not have to accept the dismissal immediately, because there are numerous ways of legally defending themselves against them. It is not uncommon for us at the Pagels law firm to find that more than half of the terminations given are actually legally ineffective.
As soon as possible to the lawyer
If you have decided to defend yourself against the dismissal, you now have to file a suit against the dismissal protection at the responsible labor court within three weeks after receiving the dismissal . Do not delay the appointment with a lawyer or specialist lawyer for labor law after the termination.
For a termination to be legally effective, it must meet certain requirements. For example, termination must be submitted to you in writing – verbal termination is void. In addition, the consultation of the works council (if there is one) or frequently the consultation of the integration office for severely disabled people is essential for effective termination. As soon as the formal requirements have been properly complied with by the employer, the question of whether it is justified arises.
You can find detailed information on the effectiveness of your termination and the correct behavior when receiving a termination in our article on termination .
Types of termination and reasons:
In order for you as an employee to find out whether your dismissal is legally correct, you must know the difference between ordinary and extraordinary dismissal or have it classified by specialist lawyers for labor law. Ordinary termination in due time is the termination of an employment relationship at the end of a period. Labor lawyers divide the reasons for termination into three different groups:
- Personal termination : This type of termination exists if the reasons lie with the employee himself. However, these must be available for a longer period of time, such as alcohol addiction, punishment, illness or a lack of a work permit.
- Behavioral dismissal : An employer issues a behavioral dismissal due to employee misconduct. Accordingly, this termination is directly connected with a rule violation. In contrast to a personal termination, the employer can accuse the employee of having behaved differently. Reasons for a behavioral termination could include, for example, unauthorized part-time work, violations of contractual duties or unpunctuality.
- If the termination is in connection with alcohol abuse, the classification as a personal or behavioral termination depends on whether the dismissed employee is an alcoholic. Because alcoholism is a disease from a medical point of view, in this case only personal termination is possible. Otherwise there is a behavioral termination.
- Operational termination : This form of termination can be due to reasons such as a decline in sales, restructuring of the company, lack of raw materials or similar. underlie.
Ordinary termination and termination without notice:
- Ordinary termination : Ordinary termination, also known as timely termination, means that the employment relationship is terminated at the end of a period. The respective length of this period results from the employment contract, the law or the collective agreement.
- Termination without notice : Termination without notice, also called extraordinary termination, may only be given for an important reason. The notice of termination is given here without observing a notice period and therefore often almost immediately.
Protection against dismissal for employees
If the Employment Protection Act applies to the employment relationship, then our labor law regulates that workers are protected against socially unjustified dismissals or dismissal. The applicability of the Employment Protection Act depends on the number of employees and in your case can be assessed by lawyers for employment law. As a rule, an employee who has been employed by his employer for more than six months and is also a company, which usually has more than 10 employees, relies on protection against unjustified dismissal under the Employment Protection Act.
Special legal protection against dismissal for certain groups of people
The Maternity Protection Act offers mothers protection against unjustified dismissals during and after pregnancy. However, severely disabled people, trainees, works council members and mothers / fathers on parental leave are also given special protection against dismissal. We at Pagels Labor Law Frankfurt will be happy to check whether your termination has a legal reason and is legal. Just contact us by phone or mail!