Immediate termination of an employment contract in Germany

Extraordinary and immediate terminations can conclude the employment relationship without observing particular deadline or periods of notice. Both employees and employers can terminate an employment relationship without previous notice. The prerequisite for an extraordinary termination of the contract is a particularly important reason for leaving.

When is the extraordinary and immediate termination of the employment contract legally effective?

  • The person that is interrupting the employment relations has to present a notice of termination within two weeks after the important fact (reason for leaving) has been recognized. The notification has to be provided in written form;
  • In addition, he/she must obtain a statement from the works council within three days;
  • The employer must request the consent of the Integration Office to terminate the employment relationship with a severely disabled person;
  • The employer must request the consent of the Public Health Department in order to terminate the employment relationship with a pregnant woman;
  • The employer must file an application with the Labour Court in order to terminate the employment relationship with a member of the works council
  • If the terminating party does not comply with the above-mentioned conditions, the extraordinary termination shall be forfeited.

An extraordinary termination is always the last step to take against an employee.

Termination of employment

Terminating an employment contract can be regulated by an ordinary or an extraordinary termination.

If the employer or the employee wants to withdraw from the employment contract before the period of notice, the following possibilities have to be taken into consideration:

  • Annulment
  • Exemption from work
  • Termination without notice

Please make sure to contact a lawyer in order to be perfectly aware of your choices, to be prepared for the consequences and to know exactly the advantages and disadvantages of your decision.