On the other hand, many companies are currently facing cost-cutting measures. The main reason for this – in light of the looming recession in industrialized and emerging markets – is a decline in German exports, which will be reflected in Germany's overall economic output. In addition, the increasing automation of work processes is leading to a growing redundancy of work performed by employees.

Against this background, many employees are confronted with unjustified disputes or warnings that lead to negative entries in their personnel files without the employee being given the opportunity to explain their point of view.

Disputes with the employer – what should be done?

At a Termination There are often many unanswered questions for employees due to employers.

I'm still in my probationary period and was terminated by my employer without cause. Can I successfully appeal this termination, or is there no point?

Contrary to popular belief – even among lawyers, who only deal with labor law marginally – employees are not subject to the mere arbitrary decisions of their superiors. Special protection against dismissal for pregnant women or severely disabled people also begins upon signing the employment contract. However, this requires that the human resources department or employer is aware of the severe disability or pregnancy. If a works council or staff council exists, these bodies must be consulted before a dismissal is announced. When dismissing a severely disabled person, prior approval from the Integration Office must be obtained. Legal representation is recommended in such proceedings, because once the Integration Office's approval has been granted, it can only be challenged in court.

I fear serious consequences if I sue my employer. What can I do in this case? 

You don't always have to sue your employer! There are several labor law tools available that can achieve significant success in out-of-court disputes between superiors and employees. The situation is different for all types of dismissals, such as dismissals with a change of terms or dismissals based on suspicion on the part of the employer. In cases of this kind, legal action is necessary for reasons of effective legal protection.

Rogert & Ulbrich recommends that employees take immediate action

Do you feel unfairly treated? You don't have to let it go! We offer you a professional and free initial consultation. You send us all necessary documents (Employment contract, possible amendments, termination, payroll) and we will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer.

If you do not have employment law legal protection insurance There is the possibility of a mandate with self-payment. In labor law, the Cost issue The principle: Each party bears its own costs in first instance proceedings, even if it wins.  

Also the possibility legal aid Applying for legal aid is provided for in labor law. If you are unsure whether you are eligible to apply for legal aid, we would be happy to advise you on this matter.

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Have you just received a termination notice? Then you're shocked and...

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Don't be discouraged right now! Many dismissed employees have general legal protection against dismissal. This is Dismissal Protection Act (KSchG) regulated and applies to employees whose employment relationship has lasted longer than six months and who are not employed in small businessesTermination of the employment relationship is only possible under certain conditions. If these conditions are not met, the Termination may be ineffective. Laws are complex and not immediately understandable for everyone, so you should always inform us about your termination have it checked!

What you need to take care of after your termination

1. Keep calm! Now is not the time for rash action. 
2. You should register within 3 days at the employment agency register as unemployed. Otherwise, they face a waiting period.
3. Get professional support and let us advise you! Our initial consultation is free and non-binding. We will check whether your cancellation is valid.
4. We advise against signing a termination agreement. This would result in a barring period at the employment office. Therefore, you should never sign a termination agreement without professional advice.
5. It should also be noted that the Deadline for a wrongful dismissal claim 3 weeks from receipt of notice of termination You should therefore immediately contact us after you have received notice of termination so that we can discuss all the details with you and on time can file a wrongful termination suit on your behalf. 
6. It's best to submit applications before the notice period expires. The employer must release the terminated employee for interviews.

We at Rogert & Ulbrich know what to consider!

Are you unsure whether your employer has complied with the statutory notice periods or whether your termination without notice contains an important reason? We offer you a professional and free initial consultation. You send us all necessary documents (Employment contract, possible amendments, termination, payroll) and we will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer.

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But what are the notice periods for the employer? Depending on the length of service, the notice period for the employer can be extended (§ 622 para. 2 BGB)If, for example, the employee has been working for the company for two years, his notice period is one month to the end of the calendar month. If he has been working there for five years, his notice period is two months to the end of the month.

• at 8 years, the notice period is 3 months to the end of the month
• at 10 years, the notice period is 4 months to the end of the month
• at 12 years, the notice period is 5 months to the end of the month
• at 15 years, the notice period is 6 months to the end of the month
• at 20 years, the notice period is 7 months to the end of the month

This legal regulation is intended to protect employees, especially those who have been working for the same company for a long time.

A notice period may also be agreed in the employment contract. It should be noted that a shorter notice period is only possible under certain circumstances (§ 622 para. 5 BGB). Employees must have been hired as temporary workers, and the working period must not exceed 3 months. It is also important that no longer notice period may be agreed for the termination of the employment relationship by the employee than for the termination by the employer (Section 622 Paragraph 6 of the German Civil Code). If, for example, a notice period of 3 months is agreed in the employment contract, this period must apply to both parties.

Deviation: When is termination without notice possible?

A deviation from § 622 BGB is § 626 BGB. This is where termination without notice for good cause is regulated. The notice periods of § 622 BGB do not apply in the context of termination without notice. However, a "important reason". It is questionable meanwhile, which is an important reason for an extraordinary (immediate) termination. It must be unreasonable for the person terminating the contract to comply with the regular notice periods. This requires a serious violation which cannot be justified. As a rule, the employer must nonetheless check beforehand whether a milder measure, such as a warning, comes into consideration.

The following reasons would justify termination without notice:

• data protection violation
• Sexual harassment/coercion
• working time fraud
• theft
• vacation without permission
• Unexcused absence
• Forgery of vaccination/recovery certificate
• threat of violence
• insult
• bullying

We at Rogert & Ulbrich know what to consider!

Are you unsure whether your employer has observed the statutory notice periods or whether your termination without notice contains an important reason? Then let us advise you free of charge and without obligationWe will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer. Take advantage of our free initial telephone consultation now and ask our specialized lawyers your questions.

Der Beitrag Kündigungsfristen – Was ist zu beachten? erschien zuerst auf R&U.