How to terminate correctly !

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If you decide to terminate your employment yourself, then you have certain things to consider, legal formalities as well as the personal-human. Regardless of your reasons for termination, you can leave a professional and positive impression. In addition, you will learn how to terminate effectively and without errors in this text.

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Calculate the notice period

The most important thing in advance is that you must at least observe the statutory period of notice, and if necessary also a contractual period of notice. For employees, this statutory notice period is generally four weeks to the end of the month or to the 15th of the month. A deviation from this period is only possible if your employment contract stipulates otherwise.

Furthermore, you do not have to observe a period of notice in the case of termination without notice. For this, however, you would need an important demonstrable reason, such as a dismissal due to racism in the workplace or due to an insult.

If you want to avoid or accelerate the termination process, you can agree on a cancellation agreement. In that case, however, you need the employer's consent.

Content of the notice of termination

A brief statement of your termination intentions, the respective termination date and your manual signature is sufficient here. Important! It is essential that the notice of termination is signed by hand and delivered personally. This will help you avoid disputes later on. Verbal notices of termination or, for example, by e-mail are invalid.

You should also ensure a note of receipt. A written confirmation from a HR employee is sufficient for this purpose. This note serves as proof that the employer has received your letter of termination. In this way, you can avoid disputes in this regard at a later date.

Who must be informed? 

You should comply the following sequence when giving notice on your own: First, the manager should be notified. Thank him accordingly for his cooperation, even if it is difficult for you. Then notify the HR department. Do not forget to hand over the acknowledgement of receipt under any circumstances. Last but not least, inform your colleagues and customers.

Clarify further course of action

When handing over the notice, you should organize the further course of action. Make it clear how you can claim your remaining leave. If your employer requests an early release, we recommend accepting this. ATTENTION: Have irrevocable leave of absence confirmed!

Working time certificate

You should address the issue of a reference as soon as possible. It is often offered to write the reference yourself, use this advantage for yourself. With the help of a reference agency you can create an impeccable reference.

In addition, you should inform your employer immediately about your work tasks and achievements, this will have a positive effect on your reference. By the way, the employer owes the employee at least a satisfactory grade, i.e. a 3.

By observing these points, you will be well remembered, secure a first-class reference and end the employment relationship correctly.

Secure financial claims

If you are still entitled to money in the form of a commission or bonus, you should settle these claims amicably. You should obtain and secure this information in the best possible way before giving notice in order to be able to successfully assert your claims. For maximum success, we recommend that you consult an attorney for employment law.

The farewell 

You should write a final friendly message to your colleagues, so that they also remember you well. We also recommend that you write a message to your customers to at least pass on the current contact details of your successor.  



Specialized lawyers for labor law

Südwestkorso 1

12161 Berlin

www.ra-croset.de

Pascal Croset is a lawyer and specialist in labor law based in Berlin. He is not ideologically fixed and therefore represents employers (small, medium-sized and large companies with up to 1,500 employees) and employees (salaried employees of all income classes, managers, executives and directors) - throughout Germany.

Pascal Croset is an expert on warning letters under employment law and has published the work "Die rechtssichere Abmahnung: Ein Leitfaden für Personalabteilung und Geschäftsführung" ("The Legally Secure Warning Letter: A Guide for Human Resources and Management") with Gabler-Verlag.

Foto(s): kanzlei@ra-croset.de

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