… you want to dismiss an employee with immediate effect
… the employee has breached his/her contractual obligations and the relationship of trust with your company in a very serious manner
… you cannot be expected to continue the employment relationship during the period of notice or until the end of the agreement
Immediate termination describes the extraordinary process of terminating an employment relationship. Unlike an ordinary notice of termination, the employment relationship ends immediately. There must be an important reason for this, otherwise the employee is entitled to compensation.
For evidence reasons, it is crucial to give written notice of termination, but it only has to be substantiated if the employee requests it. An important reason is any circumstance in which the employer can in good faith no longer be reasonably expected to continue the employment relationship. The relationship of trust between the parties must therefore have deteriorated to such an extent that the immediate termination of the employment relationship appears to be the only way out.
The case law is restrictive with regard to the admission of an important reason for immediate termination, as this can have serious consequences for the employee. Therefore, immediate termination is considered a last resort and the existence of important reasons should never be easily assumed by the employer.
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