Notice of termination - design of the advertisement on the severance payment
http://www.grprainer.com/Arbeitsrecht.html the employer terminates due to urgent operational requirements and raises the employee within three weeks after receipt of notice no action for a declaration that the employment by the dismissal is not resolved, it has the expiration of the notice is entitled to compensation.
The claim, however, requires the notice of the employer notice of termination, that termination is based on urgent operational needs and employee leave at expiry of the limitation period to claim the compensation can. The amount of compensation is 0.5 monthly earnings for each year of the employment relationship.
GRP Rainer Legal Accountants, Cologne, Berlin, Bonn, Dusseldorf, Hamburg, Munich www.grprainer.com on: These rulings do not set a general minimum requirement for essential statement of redundancies. The working parties are also in a dismissal for operational reasons without a lower or higher than the compensation provided by law to be agreed. The question as to whether the employer gives the above message or submitted a variant from this is to be determined by the interpretation of the termination letter.
Will an employer submit the employee with notice of dismissal an offer to conclude a termination agreement, but without wishing to offer the legal settlement, he is obliged to state this in the written termination notice is clearly and unambiguously, in particular what compensation it offers under what conditions. The employee must be after receipt of notice of termination within three weeks to decide, namely, whether he retires to the payment of compensation offered under the employment relationship or whether he wants to bring an action for dismissal. In addition, he has clearly in the notice of cancellation to whether the employer him an offer after the o. g. statutory provision or a deviating offer is submitted.
According to the Federal Labour Court may be assumed to be deviating from the law, individual bid where the consideration offered in the termination letter substantially in the amount differs from the statutory amount.
In the case decided the compensation amount was calculated according to the law about 11,000 EUR. The employer had the employee in the letter of dismissal in case of a waiver application offered a settlement of 6,000 EUR. The judges assessed the dismissal as deviant, individual offer.
http://www.grprainer.com/Arbeitsrecht.html
http://www.grprainer.com 
0 comments:
Post a Comment