The Third Focus of Our Law Firm is Labour Law
Briefly stated, labour law encompasses all legal problems in conjunction with the workplace and the contractual relationship between the employer and the employee as well as the employment agreement. With the themes of severance or warnings to the central theme of labour law of the termination to issues related to the work testimonial, labour law poses numerous specific problems which require not only well-founded expertise, but rather also a coordinated and skilful approach. In this regard, the main theme remains the termination. However, oftentimes, social law consequences are still of high significance.
When a termination is declared, the issue of severance regularly arises both for the employee as well as also the employer. As the employee, do I even have a claim to a severance payment or how high is such a severance payment? Through a severance payment, can I avoid a potentially-protracted and expensive wrongful termination lawsuit? Clarity on this issue creates not only negotiating flexibilities during the wrongful termination lawsuit, but rather also creates legal certainty and, where applicable, financial security during the period thereafter.
Frequently, a warning is declared and “disappears” into the personnel files. Oftentimes, it is then utilised during a wrongful dismissal case as a necessary pre-requisite for a conduct-related termination, for example. Regardless of whether it is in conjunction with a termination or, in an isolated fashion, solely for removal from the personnel files, the legal permissibility thereof should always be examined.
Termination and Its Consequences
The termination constitutes the central theme in labour law and, whether permissible or impermissible, also used as a means of intimidation.
Here, there are numerous issues and problems. What is even a termination in the legal sense and who may declare a termination and can such a termination–even if the parties are in agreement–be just as easily withdrawn?
What form is required for a termination? As an employee, must I respond to an oral termination? As an employer, may I announce such an oral termination?
When must this termination be announced to me and is it important when I receive it? Can individual sections of an employment agreement be terminated?
Again and again, employees allow terminations which are declared that do not meet the legal form requirements, which are unjustified and groundless to be imposed on them and, through this conduct, they are pressured to simply give up their job position. If one is aware of the legal situation, the uncertainty can oftentimes be eliminated by simple means.
The reason why a termination is declared is both a central point for the employee as well as also for the employer. Upon what grounds may an employment relationship be terminated at all? What grounds must the employer stipulate and name for a termination?