Termination of employment
An employment relationship is based on a civil law contract in the form of a long-term obligation. Therefore apply all termination facts, commonly come into consideration for such contracts. However, there are regular labor law peculiarities.
An employment contract may terminate by the following characteristics under German labor law:
Expiration
Expiration means the termination by lapse of time, when the contract is concluded for a period of time. The legal provisions regarding limitation agreements also apply to those cases where you want to end the employment relationship with the occurrence of certain events (example: " ... limited to to mark the recovery of the affected employee Mrs. N. "). If the parties have agreed for the fixed term is no objective reason, but only the time at which the employment relationship is to end, the limitation is effective under the following conditions: 1 workers over 52 years may be employed up to a total duration of 5 years if they four months without employment were before. The number of extensions of time and the question of previous employment is of no importance. 2 For newly established enterprises in the first four years after the founding of a proper gratuitous for up to four years is possible. 3 Apart from these special cases is only a limit up to 2 years permitted for all other proper baseless fixed-term contracts, with up to 3 extensions are possible. It should be noted that the employee must not have been employed by the same employer before. The details, in particular the requirement that the limitation can be effectively agreed in writing, can be found in part-time and temporary employment law.
Moreover, in some special laws, there are other limitation regulations which allow further limit opportunities ( especially in the Higher Education Act ). Collective agreements restrict partially the legal limit opportunities or supplement this ( the Civil Service: § 30 TVöD ).
Resolution condition
During that time restriction causes a termination of employment at a specified date or upon a certain anticipated event causes a condition subsequent termination of employment, if an event occurs, its occurrence is uncertain.
In practice, the most important example is the termination beginning with the purchase of a retirement pension. The prerequisite for this is that this condition is in force for the employment agreement ( eg § 33 TVöD ) or were each contractually agreed in the employment contract. Otherwise, the employment relationship must also be terminated upon reaching the age pension termination or cancellation of a contract. Such a collective agreement termination clause is settled case-law of the Federal Labour Court is objectively justified and therefore admissible. The ECJ has established in 2010, that she also does not violate European law, for example due to age discrimination. § 10 sentence 3 No. 5 AGG, after which the employee may apply for an old age pension or the, could mean an agreement that provides for the termination of the employment relationship without notice at a time when no prohibited age discrimination.
Another relatively recent example is the agreement with an actress of the TV series " Good Times - Bad Times " ( in the role of Charlotte Bohlstädt ) that their employment relationship should end automatically when the role of the actress in the series is no longer included.
Resolution conditions are effective according to the case law of the Federal Labour Court, if they are justified by an objective reason. The agreement with the actress kept the Federal Labour Court as an expression of artistic freedom is justified. The role has been set and the series ran without Charlotte on; the resulting automatic termination of employment - by dissolving condition - was effective.
Termination agreement
The mutual termination ( a termination agreement ) of an employment relationship is permissible. You need (such as the fixed term agreement and the termination) to be in written form (§ 623 BGB). However, the writing does not apply to the amicable termination in the form of a settlement agreement ( Agreement on procedures for the settlement of the employment relationship by notice of termination to avoid negative consequences for the granting of unemployment benefits). Dispute to the Labour Court on dismissals often end up settling for the termination of employment on payment of a severance. Materially, this is also a settlement agreement. The socio- legal implications need to be considered. The conclusion of cancellation or settlement agreement leading to the new law of the Federal Social Court and the implementing instructions of the Employment Agency but often to a locking time when receipt of unemployment benefit.
Workers should be aware that they are losing with the completion of a termination agreement any protection against dismissal, a subsequent unfair dismissal claim is no longer allowed. This also applies if the cancellation agreement by the employer "surprising", for example, was placed in a conflict situation. The protection applies, for example at the doorstep, does not intervene here after the current case law. Affected workers should ask before signing a contract resolution at least one day to think and consider the contract, if necessary with the help of legal right. Under certain circumstances, even a dismissal be cheaper because they can be judicially reviewed in its entirety, for which only limited for the termination agreement.
Termination
Termination for
The ordinary termination, the termination of employment by unilateral declaration. This notice periods must be observed that from the law ( § 622 BGB), a collective agreement or of the contract of employment arise. The termination must be in accordance with § 623 BGB in writing.
The termination of an employee is not related to other conditions. The employer must demonstrate the reasons justifying the termination socially within the scope of employment protection law. Certain groups of people with special protection against dismissal, the employer can terminate only exceptionally or after approval of an authority.
Is there a repayment clause may be the financial return grant received or worn benefits to the employer unpleasant consequence of termination by the employee.
Termination for Cause
Extraordinary dismissal may be issued without notice or notice. You shall be valid for a good cause. It also needs to be made within two weeks of becoming aware of that reason.
This requirement applies to both employee resignations and dismissals for employers.
Änderungskündigung
A notice of dismissal is the termination of an employment connected with the offer to conclude a new contract to continue it to changed conditions.
Dissolution judgment
The dissolution judgment is a special labor law. The Labour Court may dissolve a judgment by way of a suit design an employment relationship upon payment of a termination payment if an employer- termination is socially unconstitutional and therefore null and void. Such a decision is possible only under strict conditions.
Challenge
An employment relationship may be challenged when the party disputing erred when concluding the contract, he was threatened or malicious deception. Note, however, that the deception of an employee gives the employer no right to challenge, if the deception was not illegal, so he has asked an illegal question, and the workers state a right to lie.
A challenge usually eliminates the angefochteten contract retroactively, as if he had never existed (ex tunc ). Services are rolled back. Since you can not settle back Employee service, a disputed set in law enforcement employment (so-called faulty employment ) does not retroactively but similar to a dismissal with immediate effect. However, certain special services can be rolled back.
Death
The death of the employee terminates the employment relationship. Since the performance is a highly personal obligation ( § 613 BGB ), it is not inherited.
By the death of the employer, the employment relationship remains unaffected, the heirs back in the legal status of the deceased one (§ § 1922, § 1967 BGB).