In the case of ordinary termination, the period of notice shall be a period between the actual termination and the withdrawal from the employment relationship.
Regular termination of employment
Both employers and employees can terminate their working-relationship. If the employer decides to terminate an employment contract, he has a week time to obtain the statement of the works council. If he fails to do so, the termination shall be ineffective.
Form and content of the termination notice
Form and content of an ordinary termination or an employment contractNotice of termination must be given in writing. The written form includes only the termination of the contract.
According to the Employment Protection Legislation, the employer must inform the employee of the reasons for the termination.
The reasons for termination may be given separately. However, the employee is not obliged to justify his ordinary termination.
Exception: a collective agreement or work contract stipulates the obligation of giving a justification for leaving. In this case, if the terminating party does not name any reason, the termination is ineffective.
Employment Protection Legislation
According to the Employment Protection Legislation, the employee has the right to take action against a dismissal within a period of three weeks.
The employee has to present the proceeding before the Labor Court. In court, the employee has the obligation to exercise his rights; he must justify the dismissal as socially unacceptable. If this deadline in not respected, the ordinary termination shall take place.
If the termination is doubtful for formal reasons – e.g. by absence of written warning notices- the employee does not have to comply with a deadline to file an action against the employer´s decision. If the employee waits to long, however, the legal action will not be consider effective.
React quickly to your notice of termination!
Pregnant women and severely disabled persons benefit from special protection. Women in pregnancy who receive a termination have two weeks to tell the employer about their pregnancy. People with disabilities have longer periods of time. They must state their condition at least one month after a normal termination. If they do not inform their employer of their circumstance, the special protection for termination of the contract is forfeited.
An employer can not properly dismiss a member of the works council.