Error 1: right to severance pay
often, employees think that in the case of terminations a General right to redundancy pay. The answer is clearly “no”. However, the employer may offer a severance payment and in exchange, the employee may request to waive an unfair dismissal claim. The employer offers no severance, there is no claim to this.
mistake 2: illness as a reason for termination
In some cases, this can be a disease of the reason for termination. However, this applies for extremely long outages, and not, for example, if one is written, because of the stomach flu and on the road to the boss or co-workers encountered. Errands must also be made at this time. In addition, are not, however, only necessary errands, but also other activities, as long as these delay the healing. With a broken Arm, you may go even to the cinema. PDF 10 fatal mistakes when sick
Our PDF report guide tips on the topic shows you Sick and how to behave in a legally correct manner. Plus: The ten most common mistakes.
mistake 3: A notice by E-Mail
the way to a termination, has established itself in the minds of many is wrong. So a notice must be in writing and in paper form. Oral notices are not legally valid, such as your E-Mails and WhatsApp messages. The notice must be signed also personally by the employer or its authorized representative. Reasons for the termination need to call neither the employer nor the employee in writing.
mistake 4: termination without prior warning is invalid
A notice of termination can also be carried out without prior warning. In this case, the extent of the offence is crucial. As a rule of thumb, the following applies: For minor breaches of Contract, the employer must warn the workers more and more frequently, until it is allowed to effectively cancel. In the case of serious infringements, such as theft, simply a warning. In exceptional cases, the employer may terminate, even without previous warning, the employment relationship is regular or extraordinary.
Daniela Nellen-La Roche, is a lawyer in the case of dhpg. She has more than 15 years of experience in labor and business law. Its range of services to both the collective as well as individual labour law
mistake 5: this comprises in Principle a three-month notice period
in Principle, the statutory notice period is four weeks to the 15. or the end of the month. However, it is quite legitimate, agreed in the contract, other time limits, which may increase with length of service. During the probationary period for a maximum period of six months, only a two-week notice period can be recognized. The contract is governed by nothing else, grab more periods, the statutory notice.
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