Submit termination without notice on medical advice

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Termination without notice on medical advice should be considered carefully. Under no circumstances should it be uttered out of a whim or out of displeasure. You must bear in mind that your employer has to issue you with a certificate and the employment office can impose a blocking period when you register as unemployed. You need a really important reason.

When work makes you sick.
When work makes you sick.

If you have an immediate termination After considering medical advice, you are likely to have serious health problems. These can result from being bullied in the company or continuously exposed to significant health hazards.

Initiate termination without notice with a warning

  • If possible, you should first talk to your employer about the problem and ask them to move on to someone else if necessary Workplace to move.
  • As far as the realistic possibility exists, you must also consider a formal warning with which you give the employer the opportunity to address the situation you are complaining about clean up. Terminations without notice are always to be issued in connection with a warning.
  • If it is clear from the outset that a warning will not lead to any changes in your interests, you can give notice of termination without notice.
  • You need an important reason for this.
  • Termination on medical advice - what you should be aware of

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  • This means that your health impairment must be so severe that you cannot be expected to continue working as you have been doing any longer. If the employer denies this important reason, you have to be able to prove it.

Do not rely solely on medical advice

  • If you want to give notice of termination without notice on medical advice, you need a sufficiently formulated medical certificate. The verbal recommendation of your doctor alone is not a sufficiently reliable basis for such a justified termination.
  • If necessary, it is advisable for you to have an expert opinion drawn up by a doctor who is competent for your case. The ordinary family doctor may not be able to assess your situation with certainty.
  • If your employer rejects your dismissal without notice as unfounded, he can have it checked by the labor court. If the labor court determines that your important reason is not serious enough, you have breached the contract and are therefore liable for damages. Whether you want to or can continue your employment relationship on this basis is also difficult. as the basis of trust in the employer and your work colleagues is likely to be impaired.
  • If your health impairment is severe, the question of your occupational disability should also arise. In this case you can involve the professional association, which will check your state of health ex officio.
  • In addition, you must take your professional future into account when giving notice of termination on medical advice. Ideally, you will definitely have a new job prospect. In this case, you can also negotiate a termination agreement with your employer and do not need to take the risk of termination without notice.
  • However, if you do not have a new job, you must register as unemployed. You only have to expect a blocking period from the employment office if you have acted contrary to insurance, i.e. given notice of termination without good cause and yours unemployment caused by gross negligence. From this point of view, it is therefore important that you can really refer to an effectively important reason and that you can adequately substantiate and document it.

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