Notice of termination of the employment contract under labor law – what is the requirement?

  • Anne Hund

    VonAnne Hund

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If the employer does not really want to fire the employee, the pressure from outside may still be greater.

Conflicts in the workplace can cause stress. In the worst case scenario, the employee is at risk termination. Only in very rare cases, according to lawyers, can the so-called cessation of pressure take place. What do you mean by that? Experts at – although the boss does not really want to fire the employee. What creates the pressure? “It can be employees, a works council, customers or a supervisory authority,” the portal explains. “They threaten, for example, with fines or suspension of work if the employee in question is not fired. Or with cancellation of orders or termination of business relations”.

At worst, workplace conflicts can lead to termination. (icon picture)

© picture alliance / Oliveris Berg/dpa

Printing interruptions are very rare

Two forms are distinguished in labor law:

1. Notification of a fake print: “There is an objective in the case of misprint termination reason for termination. This is either because of the behavior of the employee or employees, or because of the person himself,” writes The German Press Agency (dpa) in a post on this topic. “Third parties now indicate to the employer the reason for the termination of the employment contract and call for the dismissal of the person.” The decision whether to announce the dismissal is now up to the employer.

2. Genuine stoppage of printing: no objective reason for stoppage. In the case of a genuine pressured termination, the pressure on the employer is the sole reason for the termination. However, the employer must do everything possible to avoid termination of the employment contract. In general, the actual stoppage of printing involves “stringent conditions and significant obstacles,” it also said

Necessary conditions for the termination of the so-called authentic printing

  • No self-harm: If the employer himself caused the stressful situation, he cannot use it as a reason for dismissal, according to the job portal.
  • The duty of care is fulfilled: the employer must first protect the employee and try to avoid the threat of third parties or to protect himself from the termination of the employment contract. In doing so, he must try all that is reasonable and determine whether there are in fact objective reasons for the termination. “There are also exculpatory investigations,” the portal continued.
  • Substantial Harm: “The credible perception of the threat must actually cause serious and lasting economic harm to the employer (eg, lost sales due to a strike, cancellation, loss of customers). Only then can forgiveness be socially justified.”
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The portal also states that termination should always be the employer’s last resort “Only when all the employer’s efforts fail and he sees that he is suffering significant (economic) damage can the dismissal be legal.” But the Federal Labor Court sets the requirements for an effective dismissal as high, the lawyers explain. “Ultimately, it should be avoided that employees, customers and other people can take justice into their own hands to get rid of an unwanted colleague for whatever reason.”

Termination of employment: the most important facts that everyone should know

Termination of employment: the most important facts that everyone should know

If it is still terminated, the case of the victims should definitely be investigated legallyaccording to the report German Press Agency (dpa). If the allegations turn out to be unfounded, or if the employer does not adequately protect its employees, the victims can claim damages.

List of rubrics: © Picture Alliance / Oliver Berg/dpa

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