If the employer gives the employee notice of dismissal, the legislator and the company demand a lot from the employee. He not only has to look for a new job and can even be released from work by the employer. As an employee, you also have to decide quickly whether you want to take action against the dismissal. Because for the challenging of the notice and/or negotiation of a compensation then not much time remains. Here you will find a checklist with points to consider in the event of dismissal by the employer.
As annoying and surprising as a dismissal by the employer may come Stay calm and take deep breath! Insults or unfriendly responses to e-mails or the anger towards colleagues can provide short-term relief, but in most cases weaken your negotiating position.
If your employer submits a termination agreement to you, do not sign it for the time being. Do not allow yourself to be put under pressure in this case! You are not obliged to sign the termination agreement immediately. Here, too, the rule is: keep calm! Take the time the time, to use the termination agreement and the notice of dismissal check
After you have received the notice of dismissal, you should immediately register with the Labour Office looking for work. The employee is obliged to at the latest 3 months before the termination takes effect. If the notice period is shorter, you only have 3 days left for the job-seeking registration at the Employment Agency.
As difficult as it may be in such a situation, you should continue to go to work and not be absent without an excuse. In particular, if you decide to bring an action for protection against dismissal, you cannot be accused of misconduct later. If the employer exempts you, i.e. asks you not to come to work again, have this given to you in writing.
The legislator stipulates that the employee can only take legal action against a notice of termination within 3 weeks of receipt of the notice of termination. Once the period has elapsed, the termination, although ineffective, can no longer be challenged in court and must therefore be treated as if it were fully effective. This narrow time window for the judicial assertion means that up to the expiration of the period the Litigation against dismissal must be written and justified at court submitted.
That means however also that for extrajudicial procedure against the employer still less than the 3 weeks time remain, because only with the pressure means of the complaint to the labor court the employer can be moved to steps out of court.
If they have been dismissed and the dismissal is ineffective, the dismissal protection lawsuit achieves that the dismissal practically disappears. You as an employee are in the same position as when you would never have been dismissed. This can result in a stressful working atmosphere. And perhaps you no longer want to work for this employer. In this case there is in the period of these 3 weeks the possibility of a severance pay of the employer to require.
Legally there is no fundamental right to severance pay, but the severance pay is based solely on a negotiation between the employer and you or your specialized legal representative. With the pressure of the dismissal protection action, which would lead to an unpleasant result for the employer, a so-called severance payment can be demanded. In this way the employer pays an amount for the fact that you renounce the assertion of the complaint against unfair dismissal. Because this compensation can be demanded however only with the pressure means of the justified complaint for protection against dismissal, it is important to know their chances of success and within the first 2 weeks a professional assistance to look for itself, so that still enough time remains for negotiation of a compensation with the employer.
The notice period is intended, among other things, to enable you as an employee to look for a new job. Job search is accompanied by interviews. If you have an appointment during working hours, you can take time off from work with your employer. Here, too, the following applies: Submit the application for exemption in writing and have the exemption confirmed in writing.
On the first day of unemployment at the latest, you should present yourself personally to the employment office and register as unemployed. It is necessary to go to the employment office in order to avoid blocking periods for unemployment benefits.
You are entitled to a reference at the end of the period of notice. If you need a job reference for your application beforehand, you can have your employer issue you with a temporary job reference. Always request a certificate in writing! Indicate whether you would like to receive a simple job reference or a so-called qualified job reference (job reference with assessment). Your right to a certificate can lapse due to so-called exclusion or expiry clauses in your employment contract. Therefore, do not wait too long to avoid ending up without a job reference. It can also happen that your supervisor is no longer there when there are personnel changes, so that a correct assessment of your performance is at risk.
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