Notice of termination must always be given in writing. The termination must be signed by the employer or the authorized person, submitting an original power of attorney.
The works council must also be heard before a notice of termination is given. In addition, special dismissal protection regulations must be observed, which can result from the Maternity Protection Act and the Severely Disabled Act.
Ordinary termination
In the case of ordinary termination, the employer wants to comply with statutory, contractual or collective bargaining agreementsNotice periodsseparate from the employee.
The statutory notice period for the employer can be found in the following table:
| Length of employment | statutory notice period of the employer |
|---|---|
| 0 to 6 months | 2 weeks at any time |
| 7 months to 2 years | 4 weeks to the 15th or end of the month |
| 2 years | 1 month to the end of the month |
| 5 years | 2 months to the end of the month |
| 8 years | 3 months to the end of the month |
| ten years | 4 months to the end of the month |
| 12 years | 5 months to the end of the month |
| 15 years | 6 months to the end of the month |
| more than 20 years | 7 months to the end of the month |
A reason is generally not required for ordinary termination.
Unless that Dismissal Protection Act Applies, an ordinary notice of termination declared by the employer can only be pronounced if it was issued on the basis of personal, behavioral, or operational reasons.
Termination for personal reasons
In the personal termination the reasons for the termination lie in the person of the employee.
A termination for personal reasons is only effective under the following conditions:
- Negative forecast: The employee will not be able to fulfill his duty to work in the future for reasons inherent in the person.
- Interference of interests: A comprehensive weighing of interests must show that it is unreasonable for the employer to continue to employ the employee.
- No milder remedy: No other possibility of continued employment in the company (e.g. implementation, retraining, reintegration)
- Balancing of interests:
Comprehensive balancing of interests must show that it is unreasonable for the employer to continue employing the employee.
The most important subcases of personal termination are
Termination due to illness (more..)
and the
Suspicion of termination
(more...)
Behavioral termination
A behavior-related termination occurs if the employee culpably violates contractual obligations (e.g. refusal to work, unexcused absence, unauthorized start of vacation, commission of a criminal offense). A termination for behavioral reasons is only lawful if the following conditions are met:
- Breach of duty: The employee must have violated an employment contract
- Culpable action: The employee must have caused his contractual obligation willfully or at least negligently.
- previous warning: Before issuing a conduct-related dismissal, a previous one is generally required Warning required
Termination for operational reasons
At a operational terminationThe reasons for the termination are in the responsibility of the employer, as the employer cannot continue to employ the employee due to operational circumstances, e.g. restructuring measures, outsourcing, closure, shutdown). For the legality of a termination for operational reasons, the following conditions must be met:
- Urgent operational requirements: Requirement for work performance (e.g. due to poor economic situation, restructuring)
- Urgency: No other employment opportunity in another position possible
- Social selection: Before several employees of equal value are available for a job, a selection must be made based on social criteria. Only that employee can be terminated who in comparison
is the least vulnerable. In particular, length of service, age, and maintenance obligation
to consider
- Balancing of interests: Comprehensive balancing of interests must show that it is unreasonable for the employer to continue employing the employee.
Termination without notice
A termination without observing the notice period is only possible for "good cause".
- Significant breach of duty: The employee's breach of duty in the employment contract is so serious that the employer cannot be expected to wait for the notice period. In the case of a suspected termination, an urgent suspicion of a significant breach of duty justifies termination without notice.
- Illegality and fault: The employee has committed his contractual obligation culpably and willfully or at least negligently
- No milder remedy: Termination without notice represents the ultima ratio. Ordinary termination or termination for changes is therefore necessary. In addition, a warning must have been issued beforehand.
- Balancing of interests: A comprehensive weighing of interests must show that it is not reasonable for the employer to continue to employ the employee subject to the notice period
- 2 weeks - deadline:
The termination without notice must have been declared to be effective within 2 weeks after the employer became aware of the relevant reasons.