Oktober 2022

Termination Agreement In Germany

German labour law distinguishes between ordinary dismissal (without notice) and termination of the employment relationship at the end of the notice period (Paragraph 622 BGB) and exceptional dismissal (without notice). Exceptional dismissal entails the immediate termination of the employment relationship (§626 BGB). The notice periods are set out in abs 622 BGB and depend on the duration of the employment. During a trial period (maximum 6 months), the notice period is 2 weeks. After this trial period, the notice period is as follows. These are just a few of the elements we typically look for in a stoppage-of-work contract. Other factors, however, depend on the circumstances of the case itself. From an employee`s point of view, it`s not that simple. There may be some benefits in your personal situation if, for example, the agreement is made at a time when you have another job to replace the current job. Maybe you prepared for the layoff and managed to find work elsewhere.

The end-of-work agreement may allow you to start this new job earlier than planned. Is there legislation establishing entitlement to compensation for termination of employment contracts? How is severance pay calculated? The termination of employment contracts by dismissal or cancellation contract is subject to their validity in writing. The legal obligation of training cannot be abandoned by employment contract, collective agreement or company contract. A termination with defects in form is void and cannot be corrected. The most common reason for dismissal is the permanent abolition of a given post, especially after the closure of a company or part of the enterprise, saving or rationalization. The reasons for the abolition of a post are subject to only limited judicial review. Decisions that are not economically reasonable must also be accepted by the courts. Judicial review will be limited primarily to whether there is a loss of employment that has rendered the job obsolete.

The employer must demonstrate that the obligations and responsibilities related to the activity are either permanently abolished or that these obligations are fulfilled by other workers within the framework of their normal working time. A company dismissal requires that there be no other vacancies for the employee in the company. Positions with lower wages or jobs with an extended period of professional adjustment must also be offered to the worker before dismissal can be considered. All positions within the company that are vacant at the time of termination or that are released within the notice period or shortly thereafter. . . .

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