Definition
Ordinary termination brings the employment relationship to an end subject to the notice period. Where the Employment Protection Act applies, it must be justified on social grounds – relating to the employee, their conduct or operational reasons. Extraordinary termination ends the employment relationship immediately and requires a serious reason that makes it unreasonable to continue until the notice period expires. Both types must be given in writing and signed by hand – verbal termination, or termination via email or WhatsApp, is invalid. An action for unfair dismissal may be brought against either 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 notice period. Extraordinary termination takes effect immediately and requires good cause (Section 626 of the German Civil Code). Both types must be given in writing (Section 623 of the German Civil Code) – termination given verbally or by email is invalid.
Distinction from related terms
Termination agreement: Termination is effected unilaterally by one party. A termination agreement requires the consent of both parties.
Notice of amendment: In the case of ‘normal’ termination, the employment relationship is terminated. Notice of amendment aims to continue the relationship under amended terms.
Practical tip
Do not refuse to accept a notice of termination – it won’t do you any good. What matters is when it is received. Accept the letter, but never sign the employer’s copy with the words ‘received and acknowledged’. These are two completely different things.
