When can I cancel without notice?

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Sometimes the measure is full and termination without notice appears as a last resort. Many dismissals arise from a specific situation and contain a considerable potential for conflict. You should know when you can terminate without notice.

Employees are not fair game.
Employees are not fair game.

One without notice termination is always an ultima ratio. When you can terminate without notice is determined by more or less clear guidelines and is always a question of the individual case.

Without notice means outside any notice period

  • When you can terminate without notice depends on an important reason. A termination without notice means that you do not comply with any notice period and stop working from one second to the next Workplace leaving. Termination without notice can also not be ruled out by means of a collective agreement or works agreement.
  • If there is no good reason, you only have the ordinary termination in compliance with the notice period. If you quit for no good reason, you are hurting yours employment contract and make themselves liable to pay damages to the employer.

To give notice of extraordinary notice requires an important reason

  • You may accept a serious cause for termination without notice if you cannot it can be expected to continue the employment relationship in this situation and properly to the next appointment quit.
  • So it must be a matter that affects or affects your interests so much that you are effectively unable to continue your work.
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First warn, then you can act

  • As a rule, you have to warn the employer beforehand, i.e. complain about a certain behavior or a certain situation and ultimately ask him to take remedial action. In exceptional cases, in which the situation is completely unreasonable, the warning is dispensable.

When are such cases

  • Relatively minor wage arrears or the short-term delay in wage payment are usually not grounds for termination without notice. In these cases the employer regularly has problems himself that can push the boundaries of reasonableness. Your duty of loyalty may require you to take the employer's interests into account (factory burns down, insurance delays compensation).
  • One can also terminate without notice if the employer intentionally or grossly negligently violates his duty of care, for example the Long-term disregard of health and safety regulations, acts of violence, insults employees or exerted psychological pressure (bullying) or sexually harassed.
  • If you get double that from another company because of your special qualifications salary in any case, you may not terminate without notice.

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