Termination due to illness
- Contact me immediately upon receipt of a cancellation!
- The dismissal protection suit must be filed within 3 weeks of the notification of termination, otherwise the termination is considered lawful
- In particular, there is a threat of a blocking period from the employment agency
Termination due to illness is the most important sub-case of a personal termination.
The prerequisites for termination for reasons related to illness are:
- Negative health prognosis: At the time of termination, it must be assumed that the employee will not be able to meet his contractual obligations or will not be able to meet them adequately in the future, or that there will be sick leave.
- Significant impairment of economic or operational interests: The illness of the employee must lead to disruptions in the organization of the company or to considerable economic impairment, which should regularly be the case when the employer continues to pay wages.
- Balancing of interests: Finally, a comprehensive weighing of interests must be carried out between the employer's interest in terminating the employment relationship and the employee's interest in continued employment. It should be noted in particular that the termination represents the ultima ratio and therefore other measures would have to be taken prior to the issuing of an examination, in particular the employer is obliged according to § 167 II SGB IX in the event of illness lasting more than 6 weeks per year, a company integration management carry out. In addition, length of service and social aspects such as maintenance obligations and age must be taken into account in the weighing up.