Conflicts at the workplace are always a special challenge, and even more so if you are experiencing conflicts in a country that is not your home country. It can be tough to get reliable legal information, particularly if there’s a language barrier. The German legal system has worked out specific procedures and deadlines, which must be followed when terminating a work contract. Find out everything you should know about workplace conflicts in Germany here:
Employment Law In Germany Outlines Procedures That Must Be Followed In The Case Of Workplace Conflict
Germany is a country that is rather employee-friendly. Employment law not only regulates maximum working hours per day, the compliance of break times and maternity issues, but also the procedures in case of a workplace conflict that may lead to the termination of a work contract. Hopkins.Law can help you in case of workplace conflict by offering you detailed information on relevant laws and steps.
Losing Your Job In Germany
Losing a job can come as a surprise, but can also be a new chance. If your employer ends the work contract, there are various scenarios that can be the case. Depending on what exactly the conflict is, there are different ways of reacting to the dismissal.
Expiry Of A Temporary Contract
Mainly in the industrial sector, many employees receive temporary contracts that are only valid for a year or two. If employers decide not to extend your contract, they´re legally on the safe side as long as they inform you at least one month in advance that the contract is indeed going to expire. But what if the employer terminates the work contract prematurely? In that case, the guidelines of the termination of a permanent contract apply.
Termination Of A Permanent Contract
A permanent contract does not protect you against dismissal, but there are specific stipulations that need to be met. Keep in mind that your employer must notify you well in advance. It’s smart to check whether you might qualify for a severance payment. The most common reasons for dismissal are redundancy, conduct-related and person-related issues.
Termination Process & Notice Period
The termination of a work contract is only valid in writing, not on verbal notice. An employer, who wants to end a work contract, always has to notify the employee in advance – two weeks during probation and up to seven months after employment of more than 20 years. If your employer asks you to sign a separation agreement, make sure all your demands have been settled, as you´ll not be able to contest the dismissal after signing such a contract.
Entitlements & Severance Pay
When your employment ends, make sure to ask for your entitlements: a current reference and the deregistration from social security. As severance payments are not legally stipulated in Germany, you will need to discuss it or claim it in court.
Resigning From Your Job
Things are a little different if you´re the one to terminate the employment. In order to be on the safe side legally, send the notice in writing and make sure to stick with the period of notice as regulated in your work contract. If you quit due to workplace discrimination, make sure to contact the labor court.
Applying For Unemployment Benefit
If you lose your job, you may apply for unemployment benefits. This depends on how long you’ve been employed. Make sure to contact the job center as early as possible so as to avoid a temporary blockage.
Looking For A New Job
Having lost a job can seem like a major punch to the stomach. But even as a foreigner, you should be able to find a new job quickly. Make sure to have all your certificates and references translated to German and find international companies on one of the many job platforms. If there is a time lag between the two jobs, you can use the time to improve your German.