Labor law & dismissal: 10 reasons for employers

Horror theme Termination: Again and again you hear about people who have been terminated without notice because of a small offense. in the Interview with Sophia von Rundstedt the case of an employee who was terminated on the first day after parental leave. What are employers allowed to do? 10 tips.

"We have protection against dismissal!"

As the story of that Employees went through the press on the very first day of parental leave from his Executive was released, the question always resonated: “Is he actually allowed to do that? We have protection against dismissal! "

The protection against dismissal by trade unions in fierce labor struggles seems to become increasingly a relict, employers would prefer to abolish it altogether in the course of global flexibilisation and competitiveness, as is the rule in most other countries.

Termination protection does not apply to smaller companies

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A few days later, by the way, the next story of this kind went through the press. In both cases, the riddle was Solution: The Companys had less than 10 employees. And that made protection against dismissal virtually obsolete.

But otherwise the protection against dismissal does not apply in every case, but much more often than many people think, the sword of Damocles hovers over the heads without notice. For example, in the case of gross breaches of duty.

Sickness must be credible

A staff member settled down after a violent Streit on sick leave with her boss for the next few weeks. The fact that the incapacity for work that she submitted during this time were each issued by a different doctor and for different reasons for the illness made the boss suspicious and he resigned his employee without notice.

There was also no legal action against dismissal: the judge ruled that the dismissal is admissible without justification, because the deliberate pretense of incapacity for work is a serious duty violation.

Issue of smoking breaks and insults

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In another case, an employee was fired without notice for taking smoke breaks without the boss's permission. However, he had neither expressly forbidden the breaks nor Behavior warned beforehand, so that termination without notice is problematic.

And also in the case of an office worker who calls her superior "dumb ass" insulted had, the labor court declared the dismissal invalid because the special circumstances were taken into account: A warning would have been sufficient.

Dependent on the individual case

The examples show that it is not always easy to say when a termination is really appropriate - because often this depends on the individual case and the circumstances. But the fact is: If an employer wants to terminate an employee, he must be able to give a reason under the Protection Against Personal Injuries Act (KSchG) if the employee works longer than 6 months in a company employing more than 10 full-time employees.

One reason can be, for example, a job-related dismissal: The employer must demonstrate that “operational requirements” such as a drop in sales force him to quit. On the other hand, if an employee is no longer suitable for a job due to technical or physical reasons beyond his control, such as a permanent illness, he can be dismissed for personal reasons.

Termination without notice is possible

In addition, there are redundancies that an employee owes himself to by misconduct - for example, if he violates company secrets or has an unauthorized side job. Usually, however, the employer must first admonish before he can pronounce a behavioral termination.

The situation is different in the case of gross misconduct on the part of the employee, e.g. if the employee steals something or does so despite a ban Internet uses privately. Here the employer can terminate the contract immediately and without notice.

Dismissal after parental leave is just one of many cases that went through the press - there were also cases in which people because of insults, for example in social media networks were released, the round. But what are the reasons for dismissals without notice?

Termination for good cause?

There must be an important reason in Germany for terminating an employment contract without notice.

And the legislature sees, when facts are present, that the continuation of the contract is unacceptable. Specifically, it says in §626 BGB:

1. The employment relationship may be terminated by any party for good cause without observance of a period of notice if there are facts on the basis of which the terminator may continue the employment contract until the expiry of the period of notice or up to the agreed termination of the employment relationship can not be expected.
2. The cancellation can only be made within two weeks. The period begins with the date on which the person entitled to the notice acquires knowledge of the facts which are decisive for the termination. The terminator must notify the other party in writing of the reason for the termination without delay.

10 typical reasons for termination

But what are such important reasons? We will show you 10 examples – of course there are more clear more.

1. Theft: A classic: Who steals his boss, flies - without notice. Even if there are only small amounts.
2. Private Surfing: Your boss has banned you private internet from workplace? Job loss is waving when you do it anyway.
3. Porn: Even if you are allowed to surf the job privately, anyone who downloads porn during their working hours risks the immediate removal!
4. Insult: “Sie Depp” - who insulted his boss for malicious purposes must live with the fact that he sends him home.
5. In addition to the job of joblessness, anyone who writes to be sick to do a different job also loses the trust of his boss.
6. Holidays without permission: summer, sun, holiday season - but not without the permission of the boss. Who drives anyway, does not need to come back.
7. Extortion: Whoever threatens his employer with a sick report, because he does not approve a leave, must also expect consequences.
8. Refusal to work: duty according to regulations is one thing, persevering work refuse another: whoever constantly refuses work, does not have to wonder about the consequences.
9. Competitive activity: Even that does not work: work for the competition - regardless of whether the employer is damaged or not.
10. Alcohol abuse: Well then cheers - but better not in the job, and certainly not if you are a truck driver. Because then you can immediately pick up your certificate of employment.

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