Termination for personal reasons
A dismissal for personal reasons is issued by the employer and applies, for example, if an employee can no longer be employed due to personal circumstances.
Important: In the case of dismissal for personal reasons, the employee has not breached their duties. The grounds for dismissal here are, so to speak, independent of fault.
These requirements must be met
Four requirements must be met for termination for personal reasons:
- Due to his personal circumstances, the employee is not in a position to fulfill his contractual obligations in the future. Further employment is therefore not possible.
- Since no further employment is possible, the employer is significantly impaired in operational and / or economic aspects.
- There is also no possibility of continued employment in another job in the company.
- The impairments on the part of the employer are not reasonable.
Reasons for dismissal for personal reasons
Recognized reasons for dismissal for personal reasons are
- Serving a long prison sentence
- Withdrawal of the employee’s driving license if they need it for their job
- Off-duty offenses if they hinder the suitability of the activity
Defending against dismissal
It is possible to file an action for protection against dismissal within 3 weeks of receiving the notice of termination. The aim of this action is to determine whether the employment relationship has been effectively terminated or not.
Can the works council help?
Before the employer issues a dismissal for personal reasons, he must first consult the works council. It is informed of all the circumstances surrounding the dismissal. The works council then has one week to object. However, if it does not respond within the prescribed period, it is deemed to have given its consent.
In principle, the employer can also terminate the employment contract despite the works council’s objection. However, if the dismissed employee then files an action for protection against dismissal, they can demand to continue to be employed under unchanged working conditions until the legally binding conclusion of the dismissal protection proceedings. This is known as the “right to continued employment”.
Disclaimer
Please note that the texts on this website and the related contributions are provided for general informational purposes only and do not constitute tax or legal advice in the proper sense. For individual cases, we always recommend seeking specific legal advice tailored to the circumstances of the situation. The information is provided to the best of our knowledge and belief, without any guarantee of accuracy, completeness, or validity.
