Labor Law Dismissal Procedures Quiz
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Questions and Answers

What is another name for extraordinary termination?

  • Delayed termination
  • Immediate termination (correct)
  • Voluntary termination
  • Negotiated termination

    • Employers and employees do not have the right to extraordinary termination.

    False

    How long does one have to declare extraordinary termination after learning about the reason?

    2 weeks

    Extraordinary termination requires a valid ______ for it to be effective.

    <p>reason</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Extraordinary termination = Termination without notice period § 626 para. 1 BGB = Legal regulation regarding immediate termination Notice period = Time required to notify before termination Valid reason = A legally acceptable rationale for termination</p> Signup and view all the answers

    What must an employer provide when the law on protection of dismissal applies?

    <p>Proof of a reason for dismissal</p> Signup and view all the answers

    Ordinary termination requires the employer to provide a specific reason for dismissal.

    <p>False</p> Signup and view all the answers

    What are the three categories under which reasons for dismissal can fall?

    <p>Business-related, behavior-related, individual-related</p> Signup and view all the answers

    In the case of ordinary termination, the employer and employee must adhere to possible __________ periods.

    <p>notice</p> Signup and view all the answers

    Match the reasons for dismissal with their respective categories:

    <p>Lack of sales = Business-related Repeated lateness = Behavior-related Medical issues = Individual-related Company downsizing = Business-related</p> Signup and view all the answers

    What is the primary purpose of an amendment termination?

    <p>To change specific contractual terms while preserving the employment relationship</p> Signup and view all the answers

    An amendment termination can occur for reasons related only to business necessity.

    <p>False</p> Signup and view all the answers

    What are three options an employee has in response to an amendment termination?

    <p>Acceptance, Rejection, Reservation</p> Signup and view all the answers

    The aim of amendment termination is to change specific contractual terms without _________ the employment relationship entirely.

    <p>terminating</p> Signup and view all the answers

    Match the reasons for amendment termination with their descriptions:

    <p>Business necessity = Operational needs that require changes Behavioral reasons = Issues related to the employee's conduct Personal reasons = Factors relating to the employee's personal life Contractual changes = Modifications to existing employment contracts</p> Signup and view all the answers

    Which factor involves considering the interests of the company in labor law?

    <p>Weighing of interests</p> Signup and view all the answers

    Social selection is a factor that pertains exclusively to operational needs in labor law.

    <p>False</p> Signup and view all the answers

    What is one of the behavioral factors considered in the labor law?

    <p>Grounds for termination</p> Signup and view all the answers

    Operational requirements and ________ are critical considerations in labor law.

    <p>choosing the least severe measures</p> Signup and view all the answers

    Match the following factors with their categories:

    <p>Negative prognosis = Person-related Factors Grounds for termination = Behavioral Factors Urgent operational needs = Operational Factors Weighing of interests = Operational Factors</p> Signup and view all the answers

    What is required for an ordinary termination of employment?

    <p>A unilateral declaration by either party</p> Signup and view all the answers

    Ordinary termination of an employment relationship takes effect immediately upon declaration.

    <p>False</p> Signup and view all the answers

    What must be observed in order to carry out an ordinary termination?

    <p>Notice periods</p> Signup and view all the answers

    According to § 622 BGB, ordinary termination requires specific ______.

    <p>notice periods</p> Signup and view all the answers

    Match the terms related to ordinary termination with their definitions:

    <p>Unilateral declaration = A single party's action to terminate the contract Notice period = A specified duration before termination takes effect BGB = The German Civil Code regulating employment relationships Collective agreement = An agreement between employers and employee representatives regarding employment terms</p> Signup and view all the answers

    What is the most common form of ending an employment relationship?

    <p>Termination</p> Signup and view all the answers

    Extraordinary termination requires a written form according to German Civil Code (BGB) § 623.

    <p>False</p> Signup and view all the answers

    Name one reason for termination of an employment relationship.

    <p>Conduct-related, Personal, or Business</p> Signup and view all the answers

    Termination of employment relationships requires a ______ form according to German Civil Code (BGB) § 623.

    <p>written</p> Signup and view all the answers

    Match the forms of termination with their descriptions:

    <p>Regular termination = Time-bound termination Extraordinary termination = Without notice termination Agreement to terminate = Mutual consent to end employment Fixed-term agreement = Termination after a specified period</p> Signup and view all the answers

    What must an employer verify before terminating an employee for business reasons?

    <p>That another position can be offered</p> Signup and view all the answers

    An employer can terminate an employee without considering social factors such as length of service or age.

    <p>False</p> Signup and view all the answers

    What is meant by 'change termination'?

    <p>Offering the employee another position with possibly less favorable conditions.</p> Signup and view all the answers

    The employer needs to take into account social factors such as ______ when deciding on termination.

    <p>length of service, age, support obligations, disability</p> Signup and view all the answers

    Which of the following constitutes a person-related termination?

    <p>The employee lacks the physical or mental abilities for the job.</p> Signup and view all the answers

    A conduct-related termination can occur without prior warnings being issued to the employee.

    <p>False</p> Signup and view all the answers

    What must be proven before a conduct-related termination can occur?

    <p>That a prior warning was issued and proven unsuccessful.</p> Signup and view all the answers

    In business-related termination, roles may be eliminated due to a decrease in ______.

    <p>work orders</p> Signup and view all the answers

    Match the type of termination with its description:

    <p>Person-related termination = Occurs due to employee's lack of abilities Conduct-related termination = Involves misconduct such as theft or violence Business-related termination = Results from business needs and economic factors</p> Signup and view all the answers

    What happens when a fixed-term employment contract reaches its expiry date?

    <p>It automatically ends.</p> Signup and view all the answers

    A project-based employment contract lasts until the employee is notified of the project's completion.

    <p>True</p> Signup and view all the answers

    What is required for the duration of a probationary period in a fixed-term employment relationship?

    <p>It must be proportionate to the foreseen duration of the fixed-term contract and the nature of the work.</p> Signup and view all the answers

    A fixed-term employment relationship may only undergo a usual __________ if stipulated in a separate agreement.

    <p>termination</p> Signup and view all the answers

    Match the terms of employment with their descriptions:

    <p>Fixed-term contract = Ends upon the expiry of the agreed-upon period Project-based contract = Terminates upon completion of the project Probationary period = Duration must be proportionate to the contract duration Usual termination = Only applicable if stipulated in a separate agreement</p> Signup and view all the answers

    What is the maximum duration for a fixed-term employment contract without a substantial reason after a company has been established?

    <p>Four years</p> Signup and view all the answers

    A maximum of three extensions of a fixed-term employment contract is allowed within two years.

    <p>True</p> Signup and view all the answers

    What is not allowed if a similar fixed-term or open-ended employment contract existed previously with the same employer?

    <p>A new fixed-term contract without a substantial reason</p> Signup and view all the answers

    In the first years of a company's existence, fixed-term contracts can last for up to ______ years.

    <p>four</p> Signup and view all the answers

    Study Notes

    Introduction to Labour Law

    • Table Showing Different Grounds for Dismissal
      • Personal Grounds
        • Negative prognosis
        • Dishonesty
        • Breach of contract in the work place
        • Interest balancing
      • Behavioural Grounds
        • General grounds for dismissal
        • Interest balancing
      • Operational Grounds
        • Urgent operational needs
        • Operational requirements
        • Minor faults
        • Social considerations

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    Description

    Test your knowledge on extraordinary and ordinary termination guidelines in labor law. This quiz covers definitions, categories of dismissal reasons, and the necessary protocols for both employers and employees. Understand the legal framework surrounding employee termination effectively.

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