Severings: the golden handshake

Corona costs workplaces, there is no longer a labor market expert. The question is alone: how many? So far, short-time work protects against ration. But short-time working allowance is limited to a year, in exceptional attacks on 21 months. At the latest then is the conclusion and unchecked are the result of the crisis.

The federal agency for work expects an increase in unemployment and the "dishes as a result with a wave of sound lawsuits", says the lawyer franziska hasselbach. The woman she from talks with judges. The lawyer spurts already an increase in mandates to which it is about the legalism of rarts. Hasselbach is the owner of the lawyer’s law firm with several diet between koln and frankfurt. Several negotiations and cancellation are the main focus of the laws of law firm.

Strong sound protection

In germany there is a strong rational protection law. This protects employees after half a year of operating approval in companies with more than ten assets. If a worker’s workers justifies rally, he needs to be effective. "There are only three possibilities with operational, personal and behavioral conditions", says hasselbach.

An operational rationale is then justified if the operation or parts thereof are closed or outsourced due to an entrepreneurial decision. Performance is equal to illness. "Someone does not have to be ill long, it’s enough, but regular because of the same thing", says hasselbach. Decisive is a bad forecast on recovery. Behavior due to the misconduct of the employee. This is the handle in the cash register or sexual loading or if frequently sent to spat a sick leave.

Compensation is a matter of negotiation

If a royal reason is not justified, the employee can submit a sound protection suit at the labor court. If he comes through, the employer must reserve him. "In everyday life, this is rarely practiced because the ratio is poisoned between the two games and the further employment leads to no good result", says hasselbach. Therefore, there is an alternative with the severance pay: for money, the employee gives his possible claim to the workplace.

The severance pay is a negotiation result from the first good date, which stands before each negotiation. In the trying the court, a good agreement between the parties caused by the comparison. "There is no right to severance pay, it is always a matter of negotiation and risk demonstration for both sides", says hasselbach.

Reject comparison is risky

If the employer rejects the comparison, he is a risk: if he loses the aspiring conservation protection claim, he must pay the salary for the time between expert and court decision, although the employee has not worked. Judicial decisions can go over years. The employee has the risk that he does not get money when his action is dismissed. So both parties try to put their risk and decide.

"In the course of a career agreement, ie the good date, the opportunities of the employee are very good on a compensation", says hasselbach. If it comes to the judicial procedure, the opportunity distribution for both lots is the same.

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