An extraordinary termination, also known as termination without notice, ends the employment relationship immediately and without observing a notice period. But what exactly does this term mean and under what circumstances is extraordinary termination justified?
Important reasons for extraordinary termination
An important reason for an extraordinary termination exists if, taking into account all the circumstances of the individual case and weighing up the interests of both contracting parties, the terminating party cannot reasonably be expected to continue the employment relationship until the end of the notice period or until the agreed termination of the employment relationship.
Conditions for employees and employers
An employee may give notice of termination if it is unreasonable for him to continue the employment relationship for an important reason. These include:
- Serious breach of the employment contract: If, for example, the employer does not comply with the agreed working conditions, such as failure to pay wages or disregard of working hours.
- Bullying and discrimination: When the employee is systematically bullied, harassed or discriminated against, making the working atmosphere unbearable.
- Risk to health: If the employee's health is seriously endangered by the working conditions or the employer's behavior and the continuation of the employment relationship represents an unreasonable burden.
- Loss of trust: If the relationship of trust between employer and employee is permanently disturbed, for example due to repeated breaches of trust or gross misconduct.
- Criminal offenses: If the employee commits serious criminal offenses that have a serious impact on the employment relationship and the reputation of the company, such as theft, fraud or criminal behavior in the workplace.
Important aspects of an extraordinary termination
In the event of an extraordinary termination, it is important that the reason for termination is clear and verifiable. In addition, termination should be given immediately after learning of the reason for termination. Appropriate balancing of the interests of both parties and compliance with procedural rules are also crucial.
Cases in which termination without notice is not possible
Termination without notice is not permitted in all cases. For example, it is not justified in the case of minor violations or minor breaches of duty. In addition, in the event of serious violations of the employment contract, employers often first have to issue a warning before they can proceed to extraordinary termination.
The possibility of immediate termination by employees
Employees can also terminate without notice in certain situations, for example if the employer does not comply with the employment contract, creates difficult working conditions or the relationship of trust is permanently disrupted. Similar requirements apply as for employers, and here too an immediate response to the reason for termination is important.
