Warning and termination in practice

The correct warning

• Content requirements and correct wording.
• Who is entitled to issue a warning?
• The right time to issue a warning.
• How many warnings are necessary?
• Employee's right to removal from the personnel file.

Prepare notices of termination correctly and avoid formal errors

• Calculation of deadlines, formal requirements, correct receipt.

Avoid mistakes during the works council hearing

Termination for conduct-related reasons

• Conduct-related grounds for termination: Poor performance, refusal to perform, breach of trust, misconduct, insulting colleagues, secondary employment, etc.
• Control options of the employer.
• Limits of the employer's right of direction.
• Observe the principle of proportionality.

Termination for personal reasons

• Sickness-related reasons for termination due to frequent short-term illnesses or permanent incapacity to work.
• Dealing with reduced performance due to illness.
• Poor or underperformance ("low performer").
• Company integration management.

Termination without notice

• Enforceability in practice.

Special features of "termination on suspicion"

Termination of "non-terminable" Employees

Observe special protection against dismissal

• In the case of pregnancy, severe disability, members of the works council/staff council.

Termination agreement instead of dismissal?

Special features of the notice of termination

The right tactics in unfair dismissal proceedings