In the case of layoffs in the trial period, other rights apply. The protection against dismissal usually does not apply, the notice period is shortened. What is important for the employee.
Shortened notice period during the trial period
In the trial period, employees can be terminated without giving reasons. As long as contractually not regulated, the trial period is usually three to six months, at the latest after six months the normal protection against dismissal applies.
Why is the trial period at all? The interview was successful and both parties, employers and customers, are looking forward to working together. However, it is only in everyday professional practice whether the employee fits the company and works successfully and vice versa whether the company and the workplace meet the ideas of the employee. If an employment contract is only limited to the trial period from the start, it simply expires after the specified period. Termination can be made at any time during the trial period. Since normal protection against dismissal does not apply, the notice period is also shorter. If an unlimited employment contract was signed with a three -month trial period, the notice period is 14 days within the trial period. The BGB, paragraph 622. After six months in the company, the duration of the notice period increases to one month. There are special features with a collective agreement that can regulate other notice periods.
Discharge without providing the reason for the termination
Reasons for termination during the trial period can be varied and range from apart ideas regarding cooperation, lack of specialist knowledge or even physical hygiene. In the event of a termination during the trial period, the employer is not required to specify a reason. However, the termination must take place in correct form, it must be present in writing and signed by an authorized person. If the employer’s termination is issued without notice, the employee must inform the employee the reason for the termination if the employee demands. The termination without notice is permitted according to paragraph 626 BGB if there is a valid reason.
Rights of the employee and illegal termination
Broken trust, illness or social behavior can become a reason for termination during the trial period. The new employee can also be terminated in the event of illness, as long as the employer does not meet immorality. The trial period is not extended by the duration of the disease -related failure. Pregnant women are protected by the state for up to a month after the birth, they are unclassable until then. It should also be noted that termination during the trial period is ineffective if it violates loyal and faith against paragraph 34 in the German Civil Code ( A violation of loyalty and faith can be discrimination, abuse of law, the notice of termination in hurtful form or termination at the wrong time. This also applies to reasons for sexual orientation, political positioning or trade union activities.
A termination is invalid, provided that it has not been communicated with the works council beforehand, this regulation also applies in the trial period. In addition, an admission of the agreed trial period in the employment contract is required, mostly this is determined by the employer.
Report the termination immediately to the employment office
If an employee is terminated during the trial period, he should report to the employment office immediately. Usually, people have to report to the Federal Employment Agency three months before the end of an employment relationship, if the termination is given notice, the registration must be made to the office within three days, otherwise a blocking period can be imposed.
Editor finance.net