Ordinary termination

What is ordinary termination?

In the case of ordinary termination, either the employing company or the employee terminates the employment relationship. The notice period must be observed in the case of such a termination with notice.

This is also the main difference between extraordinary termination and termination without notice.

Employees can give notice of termination without giving reasons. Employers must give a reason as soon as the Dismissal Protection Act applies. This is the case if more than ten people are employed.

Prerequisite for ordinary termination

Comply with the written form

Ordinary notice of termination is always given in writing, not by e-mail, but by letter.

Take notice period into account

If, for example, an employee wishes to take up a new job, they must give notice in writing and can do so without giving reasons. The notice period must always be observed.

Don’t forget your reference

It should also be noted that a reference is still outstanding. Particularly with regard to a positive evaluation, conduct should be appropriate and professional despite termination.

Dismissal with notice: Reasons from the employer’s perspective:in

Since employers must give a reason for ordinary termination, we explain here what these reasons could be, among others:

• Operational reasons: Restructuring, job cuts or cessation of production
• Conduct-related reasons: poor performance, disregard of company regulations, unexcused absence
• Personal reasons: Employees are unlikely to be able to perform their work adequately due to personal skills and characteristics

When is an ordinary termination effective?

It should also be noted that the termination is only effective once it has been received. This means that if the notice of termination is posted in the letterbox, the termination is only effective once the letter has been removed.

It is therefore common for employers to send a notice of termination by registered mail or to hand it over in person and in the presence of witnesses. Please note: A termination is not prevented by refusing to accept it.

Fifteen important characteristics of an ordinary termination

Legal basis

Ordinary dismissal is based on the provisions of labor law and follows the regulations of the Dismissal Protection Act (KSchG) in Germany.

Comply with the written form

Ordinary notice of termination must always be given in writing.

Observe notice period

Employers must comply with the statutory notice periods, which may vary depending on length of service.

As employer:in state reasons

Ordinary dismissal requires valid reasons, which may be operational, personal or behavioral.

Consider announcement

Employees have the right to a reasonable notice period before the ordinary termination becomes effective.

Equal treatment of employees

Ordinary dismissal should take place without discrimination or disadvantage.

Note possible action for unfair dismissal

Affected employees have the option of filing an action for protection against dismissal with the labor court within three weeks in order to review the legality of the dismissal.

Consult works council

If available, the works council must be consulted prior to the dismissal in order to ensure a fair decision.

Issue a reference

After termination of the employment relationship, former employees are entitled to a qualified reference.

Formulate a proper letter of termination

The termination letter must be formulated clearly and unambiguously in order to avoid possible misunderstandings.

Check the balance of interests

The interests of both the employer and the employee must be given due consideration in the event of dismissals.

Do not forget subsequent obligations

After termination, certain obligations remain in place, such as compliance with confidentiality obligations arising from the employment contract.

Check severance pay

Under certain circumstances, a severance payment may be offered as financial compensation.

Transparent communication as the top priority

Open and respectful communication between employer and employee is essential in order to minimize potential misunderstandings and avoid conflicts.