display
High pressure to perform, little flexibility, unsympathetic colleagues or a new job offer: there are many reasons to quit your job.
On the other hand, some employees are supposedly or actually unsustainable for a company and should leave even though they do not want to.
What do employees have to consider if they quit their job and want to start over?
And what legal steps can those take who do not just want to accept their termination?
Writing notice of termination: These formalities apply
In itself, the
simple sentence
"I hereby
terminate
my employment relationship at the earliest possible date"
is sufficient to terminate the employment relationship
.
A termination is only valid on paper and with a handwritten signature.
display
It is therefore not possible to cancel by email, SMS or WhatsApp.
Even a fax is not enough.
Employees
never have to give reasons for
a termination in
due time
- neither in writing nor verbally.
"If you have a good relationship with your boss, you should
explain
your termination in a
previous interview
," advises Jörg Kraft, career advisor at Liebich & Partner management and personnel consultancy.
However, this is not an obligation.
What should not be missing in the letter of resignation, however, are some formalities.
This includes a
letterhead
with the address of the employee and the full company address of the employer and the date.
When
saluting
, employees should name the person to whom they are
addressing
their resignation.
Then only one important point is missing: the declaration must
actually reach
the employer
.
display
You can find all tips on the subject of "writing a termination" here:
Notice period: This is how you can get out of your employment contract faster
Those who have found a new job often want to leave their old job behind as quickly as possible.
So that the dream job does not fail because of the notice period, employees can try to get out of the old contract earlier.
display
The easiest way to do this is with a
termination agreement.
The employer draws up an agreement that ends the employment relationship on the desired date.
However, this only works if both parties agree.
"Very few bosses put obstacles in the way of the employee," says career advisor Kraft.
If the boss does not act, the options are limited.
For example, you can check whether the notice period in the contract is legal at all.
As a rule, how long the
notice period
may be
depends on the length of service
.
Termination without notice is only possible for a serious reason.
For example, if the boss has not paid the employee for a long time or instigates illegal activities.
Incidentally, employees also have to
warn
their boss
before they can
resign
without notice.
You can find all tips on the subject of "avoiding the notice period" here:
When a dismissal protection suit is worthwhile
An unwanted separation occurs when the boss sends you notice.
“The reasons for dismissals can be varied - but by no means all are permissible,” explains Fenimore von Bredow, a specialist lawyer for labor law.
display
If there are any doubts, employees can
examine
an
action for protection
against
dismissal
.
This must be
submitted to the court
within three weeks of
receiving the notice of termination.
"Illness or vacation are not considered an excuse for filing the lawsuit late," said von Bredow.
Job portal
JOBS.WELT.DE
WELTJobs has the best new jobs for you
View job offers
It is worth
looking for
formal errors
first
: Terminations are only valid if they are in writing and signed by the owner or manager of the company.
If the boss quits by email, messenger or verbally, the termination is not valid.
The same applies to dismissals where employers have not informed the works council in advance.
In addition, employers can
not simply dismiss
employees who are
severely disabled, pregnant or members of the works council
.
Those affected should also take a close look at the reason for the termination.
An example: employers can give
notice
to an
employee
who is
sick
if his absence restricts operational processes.
"But it always depends on the future prognosis of the course of the disease," says von Bredow.
That means: If the attending physician testifies in court that the dismissed patient will be able to work again in the foreseeable future, the dismissal is not tenable.
Even
dismissals without notice
do not always stand in court.
“Employees must first inform their employees of their misconduct in the form of a warning and ask them to change their behavior accordingly,” explains career advisor Jörg Kraft.
All tips on the subject of "When is it legal to give notice?" Can be found here:
display
When the employer has to pay a severance payment
Many dismissal
cases that end up
in court
end with the payment of a severance payment.
Because employers weigh up: Is the severance payment cheaper than the costs that can arise from legal proceedings?
If the company decides to pay a severance payment, the parties involved have to agree on an amount of money
.
“For the
amount of the severance payment
, half a gross monthly salary is usually multiplied by the number of years of employment,” explains labor lawyer von Bredow.
"However, it is also a question of negotiating skills whether a severance payment will be paid in the end - and in what amount."
In addition, employees can
expect a severance payment
in the event of
compulsory redundancies
.
Otherwise, severance pay is only possible if it is expressly
agreed
in the
employment or collective bargaining
agreement.
You can find all tips on the subject of
"
severance pay
"
here:
This article was first published in July 2020.