Labor Law Dismissal Procedures Quiz
48 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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 (B)

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 (D)</p> Signup and view all the answers

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

<p>False (B)</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 (D)</p> Signup and view all the answers

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

<p>False (B)</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 (A)</p> Signup and view all the answers

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

<p>False (B)</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 (D)</p> Signup and view all the answers

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

<p>False (B)</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 (D)</p> Signup and view all the answers

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

<p>False (B)</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 (C)</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 (B)</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. (C)</p> Signup and view all the answers

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

<p>False (B)</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. (B)</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 (A)</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 (D)</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 (A)</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

Flashcards

Person-related Factors

Factors that relate to the individual employee, such as their situation or impact on the company.

Behavioral Factors

Factors involving the employee's actions or behavior, such as their performance or conduct.

Operational Factors

Factors related to the needs and operations of the company, such as urgent needs or requirements.

Weighing of Interests

Balancing the interests of the employee and the employer when making decisions.

Signup and view all the flashcards

Choosing the Least Severe Measures

Taking the least drastic action when addressing issues, such as a warning before termination.

Signup and view all the flashcards

Ordinary Termination

Ending an employment relationship by one party (employer or employee) through a formal declaration, usually with a notice period.

Signup and view all the flashcards

Unilateral Declaration

One party (employer or employee) makes a decision to end the employment relationship without needing the other party's agreement.

Signup and view all the flashcards

Notice Period

The time between announcing the termination and the actual end of the employment relationship.

Signup and view all the flashcards

§ 622 BGB

A German law that sets minimum notice periods for terminating employment contracts.

Signup and view all the flashcards

Collective Agreement

An agreement between employers and employees (unions) that can set specific notice periods for termination.

Signup and view all the flashcards

Extraordinary Termination

An immediate termination of employment without a notice period, permitted under German law (BGB §626).

Signup and view all the flashcards

Immediate Termination

Another name for Extraordinary Termination, which is a termination without notice period.

Signup and view all the flashcards

Valid Reason

A justifiable cause for Extraordinary Termination under German law, allowing immediate dismissal.

Signup and view all the flashcards

BGB §626 para. 1

The legal provision in German law that allows for Extraordinary Termination of an employment contract.

Signup and view all the flashcards

2 Week Deadline

An employer must declare Extraordinary Termination within 2 weeks of discovering the reason for termination.

Signup and view all the flashcards

KSchG

The German law that protects employees from unjustified dismissal. The employer must prove their reason for dismissal.

Signup and view all the flashcards

Justified Dismissal

A dismissal that is allowed by law in Germany, requiring the employer to prove a valid reason.

Signup and view all the flashcards

Unjustified Dismissal

An illegal dismissal in Germany, occuring when the employer doesn't provide a valid reason for termination under the KSchG.

Signup and view all the flashcards

Reason for Dismissal

A justification provided by the employer to be allowed to terminate an employment contract under KSchG, related to business needs, behavior, or individual performance.

Signup and view all the flashcards

Termination of Employment

The end of an employment relationship, typically initiated by either the employer or the employee.

Signup and view all the flashcards

Regular Termination

Ending an employment relationship according to a pre-defined timeframe, often with a notice period.

Signup and view all the flashcards

Conduct-Related Termination

Ending employment due to the employee's behavior, such as violation of company rules or poor performance.

Signup and view all the flashcards

Termination by Agreement

Ending employment through a mutual decision between the employer and the employee.

Signup and view all the flashcards

Amendment termination

A type of termination where an employer ends the current contract but offers a new one with altered conditions.

Signup and view all the flashcards

Why use amendment termination?

Employers use it to change terms without fully ending the employment relationship. Reasons include business changes or employee behavior.

Signup and view all the flashcards

Acceptance

The employee agrees to the new terms offered in the amendment termination.

Signup and view all the flashcards

Rejection

The employee refuses the new terms and the employment relationship ends.

Signup and view all the flashcards

Reservation

The employee partially agrees to the new terms, but asks for modifications.

Signup and view all the flashcards

Socially Justifiable Termination

An employer must prove that terminating an employee is necessary for business reasons and that there are no other options, such as offering a different position within the company. Social factors like employee's age, length of service, and family obligations must be considered.

Signup and view all the flashcards

Social Selection Process

When a company decides to terminate an employee, they must consider the "social selection" process, which involves evaluating each employee's personal circumstances, such as their age, length of service, and family responsibilities.

Signup and view all the flashcards

Change Termination

This happens when a company terminates an employee by offering them a different position, but with less favorable conditions, aiming to avoid directly terminating their employment.

Signup and view all the flashcards

Factors Considered in Social Selection

When deciding which employee to terminate, the company should primarily consider factors that are not directly related to the employee's performance, such as their age, length of service, and support obligations.

Signup and view all the flashcards

Employees with Critical Skills

In the termination process, employees with specialized skills, knowledge, or performance that is crucial to the company's operations may be exempt from being considered for termination.

Signup and view all the flashcards

Person-related Termination

Dismissal due to employee attributes, such as physical or mental health, affecting their ability to work. Requires strong evidence and often involves medical evaluations.

Signup and view all the flashcards

Business-related Termination

Dismissal due to business needs, like reduced workload or restructuring. Requires objective justification and may involve layoffs.

Signup and view all the flashcards

Prior Warning

A formal notification given to an employee about their unsatisfactory behavior or performance before termination. It's a necessary step for conduct-related dismissals.

Signup and view all the flashcards

Kündigungsschutzgesetz

The German law governing termination of employment, defining grounds and procedures for fair dismissal.

Signup and view all the flashcards

Calendar-Based Time Limit

An employment contract can be fixed-term for up to 2 years, with a maximum of 3 extensions, without a specific reason.

Signup and view all the flashcards

First Four Years Rule

When a company is newly established, fixed-term contracts for up to 4 years are allowed even without a justified reason.

Signup and view all the flashcards

Prior Contract Restriction

If a similar fixed-term or open-ended contract existed before with the same employer, a new calendar-based fixed-term contract is not allowed.

Signup and view all the flashcards

Multiple Extensions

The first four years rule allows for multiple extensions of fixed-term contracts within the four-year period.

Signup and view all the flashcards

Justified Reason

This term refers to a specific and legitimate reason for ending a fixed-term contract before its natural expiry.

Signup and view all the flashcards

Fixed-Term Contract End

A fixed-term employment contract ends at the agreed-upon date or when a project is completed, with a notification period of up to 2 weeks.

Signup and view all the flashcards

Project-Based Contracts

These contracts end upon completion of the project; however, the employer must notify the employee in writing about the project's completion at least 2 weeks before the contract's termination.

Signup and view all the flashcards

Probationary Period

A probationary period in a fixed-term contract must be proportionate to the contract's total duration and the nature of the job.

Signup and view all the flashcards

Usual Termination

A fixed-term contract may be terminated by either party based on a standard process, only if specified in a separate agreement or collective bargaining agreement.

Signup and view all the flashcards

Termination Notice for Project Contracts

For project-based contracts, the employer must notify the employee in writing about the project's completion at least two weeks before the contract ends.

Signup and view all the flashcards

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

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

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.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser