End of work without notice in TVöD
An employment relationship can also end without notice and without a termination agreement. A time limit is also not required in every case. In the TVöD, for example, there is a special regulation that provides for an automatic expiry of the employment relationship. If you then want to continue working, you would have to sign a new employment contract.
Not everyone wants to stop working at 65 or 67. For many, the pension is not enough to make a good living from it, others just want to do something and thus maintain social contacts. But in many collective agreements - including the TVöD - the age limit for the regular old-age pension is over for the time being. Your desire to work may therefore be slowed down for the time being.
The TVöD and the end of work
- An employment relationship that is subject to the TVöD does not always need to be terminated in order to be terminated. The classic case of termination without notice is the fixed term of the employment contract - however, this results from the individual contract and not from the collective agreement.
- In Section 33, however, the TVöD also regulates an automatic termination of the employment relationship. From a legal point of view, this is a condition subsequent. The termination of the contract is linked to a certain condition.
- According to Section 33 Para. 1 letter a) TVöD, the employment relationship is terminated without notice when the employee has reached the age of the regular old-age pension. This age is stipulated by law, but not every year group reaches this age at the same time. For those born in 1964 or later, the age limit for the regular old-age pension is 67 years; for those born between 1947 and 1963, the age is graduated.
Disability pension ends employment
- The employment relationship, which is subject to the TVöD, ends automatically in a second case. According to Section 33 Para. 2 TVöD ends work when the employee receives notification of a full or partial disability pension.
- In the context of this regulation, there is a special feature that many employees or employers are not aware of: Should this be the case in this way The employment relationship of a severely disabled person ends, then - as in the case of a termination - the prior consent of the integration office is required necessary, s. Section 33 Para. 2 sentence 4 TVöD or § 92 SGB IX. The employment relationship ends at the earliest when the notification of approval from the integration office has been delivered.
Some would rather have more time in life than more money - or have to see how they ...
Continuing to work despite retirement
- Some would like to continue working in spite of their retirement, and due to their long experience and specialist knowledge, this can also be useful for the employer. In the event of continued employment beyond the retirement age, however, a new employment contract must be concluded in any case, s. Section 33 Para. 5 TVöD.
- If the new employment contract does not contain any special notice periods, this employment relationship can be terminated with a relatively short notice of four weeks to the end of the month. This is justified insofar as the employee who is already drawing a pension is more socially secure than a younger employee.
According to the TVöD, the employment relationship can in certain cases also be carried out without termination and termination agreement. If you want to continue working when you retire, you have to find a new one employment contract to lock.
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