You cannot dismiss someone without warning just like that. The term 'termination of an employment contract without prior notice' colloquially refers to a straightforward termination in a unilateral manner.
Related topic: Changes in 2024: Interns in Germany will receive more money
The name comes from the fact that in the case of unscheduled termination, there are no specific deadlines to adhere to. Both the employer and the employee can terminate employment without prior notice, but only in exceptional cases.
When dismissal without warning is possible
There are certain criteria that must be met for the termination of a contract without prior notice to take effect. A substantial reason is always required for such termination.
Additionally, the employee must have previously received a warning for misconduct. This type of dismissal should always be a last resort. Despite its name, the employer still needs to comply with deadlines.
According to paragraph 2 of Article 626 of the German Civil Code (BGB):
Dismissal without prior notice can only be carried out by the employer within two weeks after becoming aware of the reasons that could lead to dismissal.
The procedure for such dismissal is usually very complex and is therefore applied only in extreme cases.
There are 5 reasons that can lead to dismissal from employment without prior notice:
1. Faking illness
If a person often takes sick leave but is actually healthy, this may be a reason for terminating the employment agreement without prior notice. Especially if the employee has been warned about this before but is caught faking again.
2. Fraud with working hours
This implies that employees incorrectly report their working hours, extend their lunch breaks, or engage in private activities during working hours. If the employer can prove this and has warned the employee several times, they have the right to dismiss them immediately.
3. Persistent refusal to work
This means that a person can be dismissed if they intentionally refuse to perform their job duties. In other words, they are aware that they are refusing to fulfill their obligations under the employment contract. If the employer can prove this, it will result in immediate dismissal.
4. Attacks or insults towards the employer
If an employee regularly insults superiors, colleagues, or even clients, this can also lead to immediate dismissal. Of course, the employee will receive several warnings in advance.
5. Gross violation of duties
As an employee, a person has a duty of loyalty. This includes, for example, timely notification of absences from work, compliance with health and safety measures, or providing information about their activities. If an employee systematically fails to meet this requirement, dismissal is imminent.
Related topics:
The recent changes in 2024 will see an increase in salaries for interns in Germany, providing a more attractive wage structure. Despite the possibility of termination without prior notice under certain circumstances, employees in Germany are required to have a substantial reason and a previous warning for misconduct.
Salaries in Germany have been a topic of interest, with the announcement of higher wages for interns being a significant development. Employers need to comply with deadlines when terminating a contract without prior notice, even in the context of substantial reasons.
