Employee rights: What you should know about termination
- Arbeitsrecht Fachanwalt Hamburg
- Employee rights: Terminations
Labor law attorney assists: What you should know about terminations
Termination is the unilateral termination of an employment relationship. But what exactly does that mean? Read on to find out:
What you will learn in this article:
Reasons for termination
Termination can occur for various reasons. The reasons for termination are generally divided into three main groups:
- Operational
- Personnel-related
- Behavior-related
Redundancies due to operational reasons may be based on economic circumstances such as plant closures or staff reductions, while redundancies due to personal reasons are attributable to the employee's personal performance or suitability. Redundancies due to conduct may be based on misconduct in the workplace or repeated breaches of employment contract obligations.
Content and form of a termination
A termination must clearly state that the existing employment relationship is to be terminated. The respective notice periods must always be observed when terminating an employment relationship. These periods are specified either by law, collective agreement, or employment contract. § 623 BGB stipulates that notices of termination must be given in writing. This means that the employee must be given a document bearing the original signatures of the persons authorized to represent the company.
What can you do about unfair dismissal?
If an employee believes that they have been unfairly dismissed, they should first carefully examine the situation and seek legal advice. It is important not to wait too long to do this. Employees must file a lawsuit against unfair dismissal with the labor court within three weeks of receiving notice of termination. If this deadline is missed, the dismissal is considered valid and can no longer be challenged.
In this context, always remember to notify the Federal Employment Agency in good time. If the employment agency is not properly informed about the termination of your employment, this may result in a waiting period or a delay in the payment of unemployment benefits.
Conclusion from the specialist lawyer for labor law: What you should know about dismissals!
Being fired can be a stressful experience, but employees should be aware of their rights and consider their options in the event of termination. If you have any questions, please feel free to contact the team at ARBEITSRECHT FACHANWALT HAMBURG.