Definition
Termination without notice brings the employment relationship to an immediate end, without any notice period being observed. This requires a serious reason that makes it unreasonable for the employer to wait out the normal notice period – such as theft, fraud or gross breaches of duty. Termination without notice must be given within two weeks of the reason becoming known. This time limit is absolute and cannot be extended. Written notice is mandatory.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
An extraordinary (immediate) termination terminates the employment relationship with immediate effect. It requires good cause (Section 626 of the German Civil Code) and must be given within two weeks of becoming aware of the grounds for termination.
Distinction from related terms
Ordinary termination: Termination without notice terminates the employment relationship immediately without observing a notice period. Ordinary termination takes place in accordance with statutory or contractual notice periods.
Extraordinary termination with a notice period: Here, too, there is good cause, but the employment relationship only ends after a short transitional period. Termination without notice, on the other hand, takes effect immediately.
Practical tip
With summary dismissal, every day counts: the three-week time limit for bringing an action for unfair dismissal starts immediately. Register with the Jobcentre immediately and have the dismissal reviewed by a solicitor specialising in dismissals – many summary dismissals do not stand up to judicial scrutiny.
