Definition
Ordinary termination is the standard procedure for ending a permanent employment contract. It must be given in writing, signed by hand, and in compliance with the notice period. Where the Unfair Dismissal Act applies, it must be based on objective grounds. Outside the scope of this protection – for example, in small businesses – the employer does not need to give a reason, but is restricted by the prohibition of discrimination and the principle of good faith. An action for unfair dismissal may be brought against any ordinary termination within three weeks.
Specialist solicitor in employment law
Over 15 years’ experience in employment law
Classification under employment law
Ordinary termination ends the employment relationship subject to the applicable notice period. Under the Employment Protection Act (KSchG), it must be socially justified. Form: must be in writing and signed by hand (Section 623 of the German Civil Code (BGB)) – no email, no fax, no WhatsApp message.
Distinction from related terms
Termination without notice: Ordinary termination takes place subject to a notice period. Termination without notice, on the other hand, terminates the employment relationship immediately.
Termination withoffer of amended terms: Ordinary termination aims to terminate the employment relationship. Termination with offer of amended terms combines the termination with an offer to continue the employment relationship under amended terms.
Practical tip
When you receive a notice of termination, the very first thing you should check is: Is the signature genuine? Is it on the original document? Who signed it – and did that person have power of attorney? If power of attorney is missing or cannot be proven, you are entitled to reject the notice of termination – but only immediately (Section 174 of the German Civil Code).
