Personal reasons
A dismissal for personal reasons is attributable to the individual personally and means that the employee does not fulfill his or her obligations in the employment relationship. Dismissal for personal reasons can be relevant for example
- lack of work capacity/performance
- Various forms of misconduct
- Serious difficulties in cooperation
- Unfair competition.
Even in the case of personal reasons, the employer must first examine the possibilities of redeployment. If there is another job available in the employer's business for which the employee has sufficient qualifications, the employee must be given the opportunity to be redeployed. As a rule, the obligation to redeploy applies only once in the event of a breach of the employment contract.
A dismissal should not come as a surprise. The employer is therefore normally obliged to make the employee aware of the ways in which the employee is failing in his or her obligations and to give an unequivocal warning that the employment is at risk if the employee does not improve. In some cases, the employer may also be obliged to draw up an action plan offering various support measures to help the employee meet the requirements of the job.
Under the LAS, the employer must give the employee at least two weeks' notice of dismissal and at the same time notify the trade union organization. The employee and his/her trade union organization are entitled to a consultation, i.e. a formal discussion, about the dismissal. Such a request must be made within one week of the notice of dismissal being given. If a discussion is requested, the employer is obliged to await the decision.
Dismissal
Dismissal means that you have seriously breached your obligations in the employment relationship. When you are dismissed, you are not entitled to a notice period. However, the employer must inform the employee that he intends to dismiss him at least one week before the dismissal takes place.
The employer must also inform the trade union organization of the intended action at the same time. Both the employee and the trade union are then entitled to consultation if this is requested within one week of the notice being given. If requested, the employer may not carry out the dismissal until the consultation with the trade union organization has been completed.
Have you already been made redundant or dismissed? Then short deadlines apply. Contact our Members' Advice Service right away!