Immediate termination of employment

Immediate termination of employment is known as the dismissal of an employee "on the spot." It represents the strongest right an employer has to terminate an employment contract. In this case, the employment relationship is terminated with immediate effect. The employer chooses this measure as a sanction for a significant breach of the employee's duties.

For the employee, this can be one of the most unpleasant situations. It is often unexpected for both parties. This immediate termination of employment carries a number of serious legal consequences. Therefore, it is important to be aware of the legal implications of immediate termination.

What does immediate termination of employment mean?

Immediate termination of employment refers to the extraordinary end of an employment relationship. The employment contract ends at that specific moment – as soon as the employee is properly notified of the immediate termination (in other words, when they become aware of it). This usually occurs without prior warning.

When does immediate termination become effective?

The decision is effective practically immediately. Among other things, it is characterized by the fact that immediate termination ends the employment relationship without regard to the notice period. Therefore, the notice period does not apply in this situation. The effects take place upon delivery to the employee.

In what cases can the employer impose immediate termination?

The essence of immediate termination of employment lies in the fact that the breach of duties by the employee is so serious that the employer cannot be expected to continue employing the individual. The employee's breach of duties must be very severe. Because of this, the employer does not have to wait for the notice period to expire and can terminate the employee almost immediately.

What can be the reasons for immediate termination of employment?

An employer can immediately terminate employment if the employee breaches the conditions of employment in a particularly gross manner. The reason for immediate termination can be found directly in the employment contract, or if the employee violates obligations arising from the law, work regulations, or other labor-law regulations or conditions (e.g., instructions from a superior). It is most commonly mentioned in situations where the employee causes significant damage to the employer.

In any case, the employee must breach their obligations in a particularly gross manner. Immediate termination cannot be enforced for just any violation or neglect of duties.

A legal reason for immediate termination of employment is a final conviction for an intentional criminal offense.

To give you a better idea of what situations this might apply to in practice, some specific reasons for immediate termination of employment may include theft, intentional damage to the employer's property, disclosure of confidential company information, or assaulting another employee or superior.

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