Termination
Notices of termination of employment relationships can be either planned or unplanned. At this point, a planned dismissal means that the employment was limited in time from the outset and this was also recorded in the employment contract. This is not actually a dismissal in the classic sense.
If employers or employees do not see any possibility of continuing the employment relationship, both sides have the right to give notice in accordance with the periods of notice stipulated in the employment contract. Reasons for this can be e.g. the general work situation, economic reasons on the part of the employer, repeated offences against the work contract and much more besides.
Notice of termination must always be given in writing and in due time. The reasons, whether by the employee or employer expressed, are for the time being for it all the same. The indication of reasons for termination is only necessary if the termination is extraordinary, e.g. for reasons of labour law, which may also mean the cancellation of the notice period.
There are groups of persons who have special protection against dismissal, e.g. : Pregnant women and mothers up to four months after childbirth, persons on parental leave, persons on nursing leave, severely disabled persons, representatives of severely disabled persons and others.
Since the legal regulations in labour law in Germany can be very complex, you should always seek help from qualified advisors in the event of termination. You will find these advisers, for example, at the Employment Agency, at employee associations and trade unions as well as at various aid organisations and associations.
Questions and answers
What is a cancellation agreement?
A agreement cancellation is an agreement between workers and employers to regulate the termination of your existing employment relationship. There are fundamental differences to a termination. There is no notice period, no dismissal protection and the works council has no say. If you do not agree to the termination agreement, your employer would have to terminate you and he needs a reason to do so. So do not be put under pressure.
Checklist
Document
Pattern - cancellation contract
A cancellation contract is the option to terminate. There is no notice period, no dismissal protection and the works council has no say.
www.karrierebibel.de
Notice of termination
Legal basis for termination at the 2018 status
Chamber of Commerce and Industry Dresden - www.dresden.ihk.de
Letters of termination for employees
Information about a correct and legally correct letter of termination
InStaff & jobs GmbH - www.instaff.jobs
Protection against dismissal - Brochure
Since employees are economically dependent on the employer within the framework of the employment contract, they need protection. The protection against dismissal is explained here.
Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales) - www.bmas.de
Helpful Links
Dismissal, severance pay, exemption - Federal employment agency
Comprehensive information on the possible end of an employment relationship and its consequences
Lawyers Labour Law Dresden – fachanwalt.de
For unilateral dismissals, legal advice is often unavoidable - specialty employment law
Union information notice and dismissal proteccion - DGB
Information about dismissal and the protection against it
Counseling centers for legal problems in Dresden
For unilateral dismissals, legal advice is often unavoidable.
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Lawyer search in Dresden - anwaltverein-dresden.de
For unilateral dismissals, legal advice is often unavoidable.
Addresses
SMWA - Sächsisches Ministerium für Wirtschaft, Arbeit und Verkehr
Wilhelm-Buck-Str. 2
01097 Dresden
Agentur für Arbeit Dresden
Henriette-Heber-Straße 6
01069 Dresden
Arbeitsgericht Dresden
Hans-Oster-Straße 4
01099 Dresden
DGB-Bezirk Sachsen
Schützenplatz 14
01067 Dresden
IHK - Industrie- und Handelskammer Dresden
Langer Weg 4
01239 Dresden
Jobcenter Dresden
Budapester Str. 30
01069 Dresden
Dresdner Anwalt-Verein e.V.
Turnerweg 6
01097 Dresden
Rechtsanwaltskammer Sachsen
Glacisstraße 6
01099 Dresden