Termination during the probationary period in the event of illness
You are happy that you have found a new job. People don't like to get sick during the probationary period. If this happens to you anyway and the employer then gives notice of termination during the probationary period in the event of illness, you want to know whether and what you can do about it.
No protection against dismissal during the probationary period
Usually you can sign up for a probationary period termination at illness not on that Dismissal Protection Act support.
- This Dismissal Protection Act presupposes that the company has been with the company for at least six months and that the company generally has 5 or 10 employees. This depends on whether the employees were already employed there before 01/01/2004 or only afterwards. This means that the Dismissal Protection Act does not normally apply at all in small businesses.
- Even if this law should generally apply in your company in the event of dismissals, it will still not help you unless your probationary period is longer than 6 months and the notice is only given after 6 months have elapsed will. However, this is relatively uncommon, as trial periods usually last a few weeks to 3 months, longer trial periods are less common.
- Check in your employment contract under the paragraph "probationary period" how long it is in your specific case. Also check which period of notice has been contractually agreed. In any case, this must not be shorter than two weeks. If there is no provision in the contract, a 14-day period applies.
Discharge is also possible in the event of illness
- If there is a works council where you work, it must also follow suit in the event of illness before the notice of termination is given during the probationary period § 102 of the Works Constitution Act.
- Talk to the works council as to whether this has been done. If not, the termination is ineffective. If he was properly heard, the works council might still be able to appeal against the pronounced dismissal in the event of illness during the probationary period.
- If you have already worked for at least four weeks before you fell ill and were given notice, However, you are entitled to continued payment of wages in the event of illness for a period of up to 6 Weeks. The employer cannot exempt himself from this statutory obligation by dismissing the contract due to illness. Only if he quits for other understandable reasons during an existing illness does he not have to continue paying wages.
When you start a new job, you are a stranger to your employer. He must …
It is best to have your specific situation checked by a lawyer. Put this yours employment contract, the letter of resignation and proof of your financial situation. If you have not yet obtained a counseling aid certificate, he or she can apply for counseling aid or ask your legal protection insurance company.
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