The behavior-related termination usually requires a warning
A proper notice must, in principle, be justified, when spoken to by the employer
The ordinary termination is by the employee, may be pronounced in this notice without giving reasons.
This is in addition to compliance with the notice is an essential feature of time-limits for legal termination. An employment contract, the termination protection act, is subject to an in-law-called reason for the termination must exist. The employment relationship subject to the termination protection act, if the company employs more than ten workers and the employment relationship over a period of at least six months of inventory. The employee cites no reason for termination, the employee may file a lawsuit for a Declaration of invalidity of the termination. In particular, many workers are not aware that you can differentiate with respect to the termination of a contract of employment. However, this is not the case, and in the German labour law. So the question is, what is a proper notice is at all. This is, in principle, to be distinguished from the extraordinary termination and the resolution of a working relationship. This can be sought by the employee or the employer A proper notice must always take into account the applicable notice period and in addition, in written Form. Employees who terminate properly, no reasons for the change, while the employer must provide reasons which justify this step. Accordingly, the employer may terminate an employee only from the operation, conduct or personal reasons, properly. The notice of termination must be drawn up only in writing, but also the workers. In principle, an ordinary termination by the employer or employee may be made. When it comes to the exclusion criteria of a proper notice of termination, however, termination of an employment contract by the employer in the focus. In various cases, this can make any ordinary termination, giving the employee shall be protected in particular. The following categories of persons benefit from such protection against dismissal: The termination protection act applies only in companies with more than ten employees and if the employment relationship for at least six Months. Apart from the special dismissal protection for workers in the situations referred to ordinary termination is excluded if the applicable collective bargaining agreement prohibits. Employers who want to terminate an employee properly, and are thus subject to various limitations and is not often that such a termination of an existing employment relationship, is not so easy. For the ordinary termination of the employment protection act provides three reasons for that. One of these reasons for termination is dismissal For this purpose, the cancellation is due to illness, or alcoholism. To include behavior-related termination reasons such offenses, and the refusal of work or the breach of a valid non-competition clause. A further possibility of the termination of the operation is conditional termination.
Such an operation is a part or the entire operation shut down, has conditional, the employer is entitled to the operation termination.
Prior to the effectiveness of this termination must, however, take place in a social selection between comparable workers within the company. While employers must, in principle, provide information about the reasons that prompted you, the employee, the notice to say, this is not the case of employees the whole of the case. Workers right of other rules that they should know to apply in the German work.
Who has decided to quit his Job, should collect information and, where appropriate, expert advice in a law firm for employment law.
Employees can terminate their employment relationship at any time, without giving reasons, and your previous employer will not have to tell so, what has prompted you to take this step. In the Wake of a termination, this must, of course, to the applicable periods of notice to hold the result from § BGB, unless the employment contract contains different provisions. In compliance with the time limits of an ordinary termination without notice on the part of the worker is therefore easily possible. German labour law distinguishes, therefore, between the employer and the employee, when it comes to reasons for termination. While the employer must cite the reason, this is not true for a worker who has self-terminated.
