Termination without notice for health reasons
Anyone who cannot work permanently for health reasons must also expect that they will be dismissed without notice. However, the prerequisites are narrowly defined.
Anyone who thinks that they no longer need to work as an employee for health reasons is wrong. Even if you think you cannot cancel, you have to contact the cancellation without notice termination calculate.
Ordinary termination always takes precedence
- For health reasons, the employer may give an ordinary personal termination. However, he must comply with the Remuneration Act and continue to pay the wages for six weeks.
- The prerequisites for ordinary termination illness are complex and subject to independent discussion. This article deals with termination without notice.
Dismissal without notice requires an important reason
- Termination without notice always requires an important reason. Illness can be such a reason. The termination without notice may only ever be the last and only proportionate means of rectifying the situation. If other ways are considered (transfer, notice of amendment, ordinary notice of termination), these always take precedence.
- Use cases of termination without notice are often cases in which the employee cannot be terminated. According to § 34 TVöD in the West tariff zone, anyone who is employed in the public service can no longer be properly terminated when they are 40 years of age or older. Has reached the age of 16 and has been employed in the public service for more than 15 years. Anyone who cannot be dismissed afterwards is still not immune from termination without notice by the employer.
- Only behavioral and personal causes can be considered as reasons for termination. Operational reasons are excluded, even if the position that the employee had previously filled no longer applies.
Employees are entitled to continued remuneration in the event of illness. The termination in ...
Allow a period of grace for health problems
- Sometimes it is required that the employer must allow the employee a period of grace that is appropriate for his employment period if one comparable employees without increased protection against dismissal could only be terminated in due time given the same situation (BAG, 2 AZR 427/98).
- For health reasons, termination without notice can only be justified if the disease is contagious or incurable and leads to permanent incapacity for work leads.
Note the deadline for personal reasons
- It is sufficient if, in the case of permanent incapacity to work, this extends into the last two weeks before the notice of termination is given (BAB v. March 21, 1996 in DB 1996, 1574). This satisfies the requirement that termination without notice is usually given within two weeks must take place after the employer becomes aware of the circumstances relevant for the termination Has.
- Termination without notice for health reasons will also be considered if an unusually long period of notice has been agreed or the Workplace has to be filled out of urgent operational interests.
How helpful do you find this article?
The content of the pages of www.helpster.de was created with the greatest care and to the best of our knowledge and belief. However, no guarantee can be given for the correctness and completeness. For this reason, any liability for possible damage in connection with the use of the information offered is excluded. Information and articles must under no circumstances be viewed as a substitute for professional advice and / or treatment by trained and recognized doctors. The content of www.helpster.de cannot and must not be used to make independent diagnoses or to start treatments.