Termination of employment

Public sector

Public sector employees, at state level and municipalities, are entitled to certain protections and due process in case their employment is terminated.

In the event that the employer intends to terminate the employment relationship due to a breach of legal obligations, a certain procedure must be followed. A warning must first be issued and the employee provided with an opportunity to rectify any deficiencies in their performance or conduct before termination is considered.

These procedures do not apply if the termination is linked to other factors, such as reducing the workforce as part of reorganisation or for other reasons unrelated to the employee.

General labour market

In the wider labour market, employers are permitted to terminate an employment contract without specifying a particular reason. This means that an employer can end an employee's contract without explicitly stating the cause for termination, as long as it complies with the relevant notice period and other contractual terms.

Notice periods

The length of the notice period is determined by law and the applicable collective agreement. During this period, the employee has a right to receive their full salary and any relevant allowances associated with their position. Similarly, the employer is entitled to expect the employee's dedication and contribution to work.

The exact timing of the employee's departure from the job is in some cases determined through mutual agreement between the parties.

Additional protections

Certain groups of employees are provided with additional legal protections against the termination of their employment contracts. This applies for example to union representatives and employees on maternity and parental leave.

Assistance

The associations affiliated with BHM offer guidance to their members regarding their rights concerning the termination of their employment, including formalities, notice periods, and, where applicable, special legal protections against termination.

For more information, please refer to our member associations.