Termination without notice
An employment relationship can only be terminated without notice for important reasons which make the continuation of the employment relationship unreasonable. These reasons may include, for example, false statements made when the contract was concluded, criminal offences, competition with the employer or unauthorised vacation taken. Failure to comply with instructions may also justify dismissal without notice; in such cases, however, just as in the case of frequent tardiness or other less serious breaches of duty, a prior warning is usually required.
Dismissal without notice must be declared immediately after the reason for dismissal becomes known, whereby as a rule of thumb a period of up to 3 days is considered a reasonable reaction time.
In the event of unjustified dismissal without notice, there is a claim for damages against the employer corresponding to the wage until the next ordinary date of termination. In addition, the employer may be obliged to pay compensation - also known as a penalty (punitive payment) - of up to 6 months' wages.