During illness and vacation, the job often seems far away. If the termination comes out of nowhere, it’s a big shock. But is the employer even allowed to give notice of termination in this situation or are employees protected during this vulnerable time?
“It is possible to terminate an employee during illness or vacation,” explains Volker Görzel, a labor law specialist. In principle, in Germany, a sick note or vacation does not protect against dismissal.
Termination must not be immoral
However, there are still exceptions: a termination must not violate common decency. Two examples: If an employee is seriously injured in the hospital after an accident, it is indecent for the employer to give notice of termination during a bedside visit, says Görzel. A termination that is delivered unannounced on Christmas Eve is also likely to be critical.
Volker Görzel is a specialist lawyer for labor law and a member of the Association of German Labor Lawyers. (© Volker Görzel/dpa-tmn)
However, these are exceptional cases – as a rule, illness does not prevent termination. Important: In the examples mentioned, the absence of the employee is not the reason for termination.
Sick too often? Cancellation also possible
But termination, for example because an employee is absent too often, is also possible under certain circumstances.
However, three points must be met for this to happen:
- The employer must assume that the frequent illnesses will continue (negative prognosis).
- The predicted short illnesses must lead to a significant impairment of the employer’s operational or economic interests.
- The interests of employer and employee must be carefully weighed against each other.
About the person: Volker Görzel is a specialist lawyer for labor law in Cologne and head of the specialist committee for works constitution law and co-determination in the Association of German Labor Lawyers (VDAA).
