An employee gets sick and is absent - then he is terminated. Contrary to popular belief, termination can also be made during illness.
While in the GDR it was forbidden for employers to dismiss an employee during a period of illness, there is no law in Germany that prohibits dismissal during illness.
Accordingly, employers are allowed to terminate employees even during a period of illness. Termination during illness is rarely contestable.
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The only question that remains is: Was the employee solely because of his illness? In this case, the termination would be “breach of trust” and you can take action against it - but such cases are unfortunately difficult to prove.
According to Alexander Bredereck, a labor law specialist from Berlin, there are only a few exceptions:
“These are acts of discrimination, and sometimes termination can also be in breach of trust,”
These include, for example, cases in which the employer gives the employee notice of termination immediately upon becoming aware of the employee's accident at work.
Note: As a rule, a termination is not ineffective just because it was given during the period of illness - that is a misconception. However, if termination is given solely because of illness, it may be “unfaithful” and can be challenged.
You might also be interested in: Did you know? You can also cancel contracts by email!
Sources: Aachener Nachrichten , Rechtsanwalt.de
Article image: fizkes / Shutterstock.com
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