Termination

A termination is a unilateral declaration of intent that must be received. This means that the terminating party must express the unequivocal intention to terminate the contractual relationship and send the declaration to you. It can be issued by your employer or by yourself.

A termination is legally binding. This means that once notice of termination has been given and received, the contractual relationship can be terminated either without notice or after expiry of the notice period. botice period is terminated. Of course, this presupposes that the termination is also effective. Whether this is the case must always be determined in the context of a Action for unfair dismissal be clarified. It is therefore not possible to simply withdraw the termination without further ado.

The notice of termination can be ordinary termination or extraordinary termination be pronounced. You can make a ordinary termination without cause at any time in compliance with the periods stipulated in the employment contract, collective agreement or by law. Your employer, on the other hand, must either observe a minimum level of social consideration when dismissing you, or he can only dismiss you within the limits of the law. Dismissal Protection Actterminate it for personal, behavioral or operational reasons. A extraordinary termination is always possible. However, an important reason is required for this.

In employment relationships, notice of termination must be given in writing. This means that the recipient of the notice of termination must always receive an original signed declaration. The notice of termination is deemed to have been received if it has been handed to you personally or if it has come into your sphere of influence in such a way that you can be expected to take note of it under normal circumstances. This is the case, for example, when the notice of termination is placed in the letterbox at the moment when the next emptying can be expected. The burden of presentation and proof for the receipt of the notice of termination lies with the party issuing the notice of termination.