If there is a threat of dismissal, you must proceed with caution. A wrong reaction or action can have negative consequences for you. Employees are protected by law. The employer cannot simply dismiss you, but must pay close attention to the procedure to be followed. In bad times for the company, the employer may have to fire people to avoid financial problems. Once the company goes bankrupt, all employees are fired. An employee who does not perform well can be dismissed on personal grounds. If the employee commits unlawful acts, there is even a threat of summary dismissal. A final reason for dismissal may be due to illness lasting more than two years. In all cases you must be well informed of your rights. By following the tips below you will be in a stronger position vis-à-vis the employer.
Be open to alternatives
If there is a threat of dismissal, you must continue to work. You can indicate to the manager that you are open to another position within the company. It is wise not to indicate this in a conversation, but preferably via e-mail. This way you have proof that you declared it. You should not simply hand over your company property. This indicates that you agree with the dismissal. Also, don’t let yourself be sent home and excused from doing work. In all cases you must seek the help of a lawyer or an employment expert. You can also submit the situation to your union. In the event of imminent dismissal due to a reorganization, the situation is different again.
Dismissal during reorganization – reflection policy
In the past, the principle of last in, first out applied when dismissals were made for economic reasons. The reflection policy was introduced on March 1, 2006. According to this principle, the staff must be mirrored. The employees are divided into age groups. The employer must look at the last in, first out principle for each age group. People from all age groups have to be laid off. The age groups are:
- 15 – 25 years
- 25 – 35 years
- 35 – 45 years
- 45 – 55 years
- Older than 55 years
If you have such a reason for dismissal, you should always consult an employment expert or a lawyer. They can assess the extent to which you are justified in being dismissed on the basis of dismissal for economic reasons. The employer must make it plausible that the financial situation is so bad that a reorganization is the right solution.
This is the most serious form of dismissal, which means that the employment contract will be terminated with immediate effect. This is a very serious sanction, because if you are justifiably dismissed with immediate effect, you will not be entitled to unemployment benefits. Such dismissal can only be justified in the event of serious misconduct by the employee. This includes: theft, embezzlement and violence. The judge will have to assess whether the offense was serious enough for summary dismissal. Such dismissal must be promised immediately after the offense has become known. An employer cannot wait a week before promising immediate dismissal. A long period between the offense and the commitment can invalidate a summary dismissal.
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