A termination of the employment contract is always unpleasant. When an employee reaches retirement age, the dismissal by the employer hits him particularly hard. It is often more difficult to find a new job than it is with other employees.
Legislators and case law have therefore created a whole series of obstacles for employers in labour law before he may give the older employee an effective ordinary notice of dismissal. First of all, it should be noted that even old age does not protect against extraordinary dismissal. This is mainly based on blatant misconduct on the part of the employee, which has a lasting negative impact on the relationship of trust with the employer. Special protection against dismissal is therefore not provided in these cases.
Older employees usually have a longer length of service. In principle, an employment relationship can be terminated with a notice period of 4 weeks to the 15th or to the end of the calendar month. If the employer gives notice on 16.01., the notice will take effect at the end of February at the earliest. If the employee is employed several years with the employer, the period of notice extends on up to 7 months. It is to be considered among other things also the circumstance that employees in higher age need longer around a new job to find. This is a protective mechanism of labour law.
However, the law provides for a further level of protection that protects employees at an older age. For companies with more than 10 employees, ordinary Notices of termination are only justified if they are socially justified. This is an open legal concept which is interpreted by the courts and presupposes an assessment of the employee's particular situation. Here thus an assessment and consideration of the own interests and interests of the employee which can be accomplished by the employer first takes place. All factors that play a role for the employee are taken into account, including length of service and age, the previous work performance, whether maintenance obligations exist, or how many family members are dependent on the acquisition of the employee to be dismissed.
General information cannot be given here, it always depends on the individual case. Here, however, the age of the employee must be taken into account appropriately.
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