Termination and severance pay due to illness

Anyone who is sick and then also given notice is actually punished twice. The legality of an illness-related termination is initially judged according to whether or not the Dismissal Protection Act is applicable.

If it is not applicable, the employer can terminate the contract without further notice subject to the notice period. A severance payment is then not an option. If the law is applicable, the employer must also socially justify the dismissal due to illness.

How to check the social justification of the termination

• A termination of the employment relationship due to illness is personal and as such must be socially justified. The termination can be due to long-term illness or due to illness-related illness Inability to perform, due to reduced performance due to illness or frequent short illnesses in Come into consideration.
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• The examination of social justification takes place in three stages: negative prognosis - significant operational effects - weighing of interests.

Illness-related circumstances put a strain on the company

• The employer must be able to assume that the employee will continue to do so in the future illness will not be able to work. This may be due to the long period of illness or the nature of the illness.


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• The effects of the employee's state of health to be expected on the basis of the prognosis must have a considerable negative impact on the company's interests. Production downtimes, the loss of customer orders and a lack of replacement staff come into consideration.
• As part of the balancing of interests, it must be checked whether the impairments caused by the disease are operational interests are so serious that the employer cannot be expected to open the employment relationship to continue. The marital status and age of the employee as well as any operational causes for his illness must be taken into account. It can be relevant whether the employer is able to bridge the situation by hiring temporary workers or by restructuring the company.

Compensation is a matter of negotiation

• If the termination is socially justified, the employee is not entitled to any severance pay. He can only obtain a severance payment through negotiation. This negotiation goal is only realistic if the employer has to assume that he will It is difficult to implement dismissal and can expect an action for protection against dismissal by the employee got to. If he then pays a severance payment, he does so voluntarily.
• Incidentally, a severance payment is only possible if the labor court in the context of an action for protection against dismissal the Determines the ineffectiveness of the termination and the employer applies for the employment relationship against payment of a severance payment to dissolve anyway.
• Terminations due to illness are complex matters. As an employee, you should seek legal advice.