Can you resist? To the following an interview of Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Quang LAM: the common mistakes in the labour law is one of the, that the employer may not terminate the employment relationship during illness. Why do so many workers and employers believe this fairy tale? Lawyer polymath: In the GDR, it was so. And it held up over twenty years. It corresponds to our understanding of the law to kick the man who is lying on the ground, not even likely. But it does not meet our. Even if the employee is sick, the employer can terminate.
Quang LAM: But is such a termination automatically effective? Lawyer polymath: There are rather the General conditions under which a termination is effective. The notice must be in writing. Layoffs by E-mail, fax or with missing signature are always ineffective. Quang LAM: What is, if the termination is with for a short period? Lawyer polymath: Uses only announced the wrong notice, this does not affect the effectiveness of the termination. The time limit is too short, the denunciation shall take effect at the time of expiration of the notice period. Differently than is often assumed, the employer must say no new notice.
Quang LAM: assume that the employer has complied with all necessary formalities. Can you do something against the dismissal. Lawyer polymath: The formalities are observed, is important for the effectiveness of care, how many employees in the operation. In a small business with no more than ten employees of workers can resist regularly difficult against the dismissal. In companies with more than ten employees are, however, very good prospects to successfully tackle the termination. The work is rarely saved. Usually the disputes receive a cash compensation of 0.5 to 2 stop gross monthly salary per year of employment. Quang LAM: Why the employer ever pays an indemnity in such Height? Lawyer polymath: Any notice, even if it seems so effective and right at first glance, has its pitfalls. If there is a Works Council in the operation failed the hearing happen regularly. These are only technicalities, nevertheless constitute a significant risk for the employer. He loses the dismissal process he must pay the wage, without that the employee has worked. The process took a long time, such as in the Raleigh process (several years), there quickly existential sums can come together. Quang LAM: a reasonable employer will not take that risk, and therefore he pays the compensation? Lawyer polymath: Exactly. The amount of severance pay is better to calculate and also social tax free. Quang LAM: How should you sit against a dismissal to the military? Polymath lawyer: If you want to win a settlement, you must submit an action before the competent labour court within three weeks after receipt of the notice. Nothing fails this deadline is usually to save more. Quang LAM: What costs incurred in the proceedings? Lawyer polymath: Who has insurance, pays only his own participation. Legal aid access for people with less money. Otherwise, the cost depends on the amount of the income. Those who earn more, pay more. In practice, I have seldom experienced that a worker has made a negative at the end of the procedure, the bottom line. Usually, the cost is only a fraction of the compensation obtained. An interview with Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: