What rights do you have in the event of termination?

Notice of termination

An employment relationship is a contractual relationship and can be terminated in various ways. An employment contract itself specifies the end date, as in the case of temporary employment or when the employee retires. Most commonly, however, the employment relationship is terminated. This can happen in two ways; either by the employer submitting written notice or by the employee submitting written notice. For employees who wish to terminate their employment, it is sufficient to submit a written notice of termination, but if an employer is going to dismiss an employee, the requirements are much stricter.

Termination for cause

In order for an employer to dismiss an employee, the dismissal must be objectively justified by the employer's, the company's or the employee's circumstances. A justified dismissal may, for example, be due to serious breaches of the employment contract or necessary downsizing or restructuring due to the company's financial situation. If the employee is dismissed, he or she will have the right and obligation to work through the notice period.

Special termination protection

In addition to protection against unfair dismissal, the Working Environment Act also has special provisions that protect certain groups. One of these is the protection against dismissal due to illness, which applies for 12 months. Illness in itself is not a good enough reason for dismissal, but if the employee has been ill for more than one year, the illness may under certain circumstances be grounds for dismissal. In such a case, the employer must be able to document that adaptation, redeployment or other measures have been considered. However, this only applies if it is uncertain whether the employer can return to work, and the employer must justify any dismissal on the grounds that it is necessary for the proper operation of the business. In addition, employees who perform military service or are on pregnancy or parental leave are also protected by dismissal protection during the child's first year of life.

Even if an employee is protected by the protection against dismissal, it may still be possible to dismiss him or her, but then the dismissal must be objectively justified by the company's circumstances. An example of this could be necessary downsizing due to financial problems.

Termination of employee

A fundamental principle of employment law is that an employer's dismissal should not come as a surprise to the employee. This requirement applies regardless, but is particularly important when the dismissal is based on the employee's circumstances. If the employer's follow-up does not lead to improvement, or if the company's needs make it necessary, the employer must invite the employee to an individual discussion meeting. At this meeting, the employer must explain the circumstances behind the possible dismissal. If the employer still wishes to dismiss the employee after the discussion meeting, a letter of termination must be delivered to the employee. The formal requirements for the content of a notice of termination are described in section 15-4 of the Working Environment Act and the termination may be declared invalid if the formal requirements are not met in the event of a lawsuit. The letter of termination must always be delivered personally to the employee or in a registered letter.

Negotiations and litigation

Once the notice of termination has been delivered, a number of rights under the Working Environment Act are triggered. The first is that the employee can demand negotiations with the employer. Such a demand must be submitted in writing within two weeks of receiving the notice of termination. The employer must then convene a negotiation meeting as soon as possible and no later than two weeks after the claim has been received. At the negotiation meeting, the employee can explain why he or she believes the dismissal is not justified, and the parties must try to reach an agreement. If they fail to reach an agreement, the employee can file a lawsuit, and if the employee wishes to do so, he or she may usually be entitled to remain in the position while the lawsuit is pending. However, this requires that the lawsuit is filed within 8 weeks before the negotiation meeting and before the end of the notice period.

Notice period

Unless otherwise agreed in writing, a mutual notice period of one month applies. A shorter notice period is not permitted, unless the collective agreement or agreed probationary period allows for it. The fact that the notice period is mutual means that the length of the notice period is the same regardless of whether it is the employer or the employee who terminates the employment relationship. In the event of long seniority or for older employees, the Working Environment Act has longer notice periods than one month. The notice period normally runs from the first day of the month after the termination has taken place. During the probationary period, a mutual notice period of 14 days applies, unless otherwise agreed in the collective agreement or employment contract.

Dismissal

If an employee is guilty of a gross breach of duty or other material breach of the employment contract, the employer has the right to dismiss the employee. In the event of dismissal, the employee must leave on the day and is not entitled to remain in the position in the event of legal proceedings. The same rules that apply to ordinary dismissal also apply to dismissal, but the objective standard is stricter.

Suspension

If the employer has reason to believe that the employee has been guilty of circumstances that may result in dismissal, the employer may suspend the employee while the case is investigated. Suspension means taking away the employee's work duties with immediate effect, but allowing the employee to keep their normal salary.