The most important thing first: There is no general legal entitlement to severance pay in the event of termination. The law only provides for severance pay claims in the case of Section 1a of the KSchG (see Rn 2 ff), in the case of a dissolution judgment according to Sections 9 and 10 of the KSchG (see Rn 10 f), in the case of a social plan (see Rn 22 f) or as a claim for compensation for disadvantages according to Section 113 of the BetrVG (see Rn 24 f)...

A compensation clause is usually included in a termination agreement or a court settlement. It often states that all financial claims arising from the employment relationship and upon its termination are settled...

A warning does not have to be in writing. However, the employer must prove that the warning was received. An effective warning requires that the violation of conduct is mentioned, that the employee is asked to comply with the rules and that consequences under employment law are threatened in the event of a repeat violation...

A DISCONTINUATION FOR OPERATIONAL REASONS does not only include the closure of an entire company or a branch, but also the closure of a department. The legality of the dismissals is then subject to the same conditions as a DISCONTINUATION FOR OPERATIONAL REASONS...

In a settlement agreement, a termination has usually already been announced. The settlement agreement contains details of how you and your employer part ways. In contrast, a TERMINATION AGREEMENT usually contains the termination and the settlement of the employment relationship. 

“If the employer terminates the employment relationship and, in connection with the termination, offers the employee the continuation of the employment relationship under changed working conditions, the employee can accept this offer under the proviso that the change in working conditions is not socially unjustified…

Before the works council issues its opinion regarding an impending dismissal, it should hear the employee concerned (Section 102, Paragraph 2, Sentence 4 of the Works Constitution Act). You do not have to attend the hearing. You can also forego it. However, it can be advantageous if you attend the hearing. The result of the hearing will be incorporated into the...

If your employer has a works council, it must be consulted before any termination. This means that regardless of whether your employer wishes to issue a regular termination, a termination without notice or a termination with changes, he or she cannot avoid consulting the works council. If your employer does not comply with this, the termination is invalid (Section 102 Paragraph 1 Sentence 3 of the Works Constitution Act)...

The principle of "no work, no pay" applies in an employment relationship. However, if you have been wrongfully dismissed, your employer will be in default of acceptance upon expiry of the notice period in the case of a regular dismissal and in the case of an extraordinary dismissal. If you are willing and able to perform at the same time, i.e. not due to...

There are many reasons for absence from work. They can be due to illness, vacation or a job interview. In principle, these reasons do not mean that you are not entitled to receive your wages, although special circumstances must be examined on a case-by-case basis. In particular, collective agreements such as BRTV-Bau may stipulate that the right to receive your wages is suspended in the event of mandatory...