openPR Logo
Press release

BAG on effectiveness of ordinary notice of dismissal issued as an alternative

03-10-2017 09:47 AM CET | Politics, Law & Society

Press release from: GRP Rainer LLP

BAG on effectiveness of ordinary notice of dismissal issued as

The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has ruled that an ordinary notice of dismissal was effective despite a lack of information regarding when the employment relationship was to come to an end (Az.: 6 AZR 782/14).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: If an employer issues exceptional notice of dismissal, in most cases it will also issue ordinary notice of dismissal as an alternative. This is meant to ensure that the employment relationship is brought to an end. The Bundesarbeitsgericht had to grapple with the issue of whether a notice of ordinary dismissal issued as an alternative with effect from the earliest possible date was effective.

In the case in question, the employer had issued an employee with notice of exceptional dismissal with immediate effect. In case the notice of exceptional dismissal proved to be ineffective, the employer also issued as an alternative precautionary measure ordinary notice of the employment relationship’s termination with effect from the earliest possible date.

The respective labour court took the view that the exceptional notice of dismissal was ineffective. The issue of whether the ordinary notice of dismissal was issued effectively ultimately had to be ruled on by the BAG. The employee considered the ordinary notice of dismissal to be ineffective as well, arguing that it was not precise enough in relation to when the employment relationship was to come to an end and that the notice period for termination was not to be found in the employment contract.

The BAG held that the ordinary notice of dismissal had been effective, stating that while the date when the employment relationship would come to an end could not be inferred from the letter of dismissal, the intended date of termination could be derived from the exceptional notice of dismissal declared as having priority. The Court ruled that it must be apparent to the dismissed employee when the employment relationship will come to an end. Termination with effect from the earliest possible date was said to be permissible if the notice period for dismissal is known to the employee or is identifiable. If this is the case, the notice of dismissal is typically understood to mean that the employment relationship is supposed to end at the earliest possible date taking into account provisions from statutes, collective bargaining agreements and contracts.

The Court went on to say that should it be the case that ordinary notice of dismissal is not issued in isolation but as an alternative to exceptional notice of dismissal if the latter is ineffective, then it is evident to the employee that the intention is for the employment relationship to end upon receipt of notice of immediate dismissal. The Court held that it therefore no longer came down to whether the employee is able to ascertain without much difficulty the notice period for termination for the ordinary notice of dismissal issued as an alternative.

Lawyers who are experienced in the field of employment law can advise on all issues pertaining to the workplace.

GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Augustinerstraße 10
50667 Cologne

Phone: +49 221-27 22 75-0

This release was published on openPR.

Permanent link to this press release:

Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.

You can edit or delete your press release BAG on effectiveness of ordinary notice of dismissal issued as an alternative here

News-ID: 464812 • Views: 2123

More Releases from GRP Rainer LLP

GRP Rainer Rechtsanwälte – Experience in establishing companies
Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law firm GRP Rainer Rechtsanwälte advise numerous businesses on company formation and takeovers as well as in the event of a change of partners or shareholders. In our experience, the partners or shareholders frequently neglect one critical point amidst all the euphoria: choosing the right corporate
OLG Köln: Will written with non-dominant hand valid
It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17). In addition to preparing a notarized will, a testamentary disposition can also be handwritten. To this end, the will needs to be written
OLG Köln: Only serious misconduct justifies withdrawal from contract of inherit …
Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect. In the absence of a will or contract of inheritance, the rules of intestate succession apply automatically following the death of the testator. If these run contrary to the testator’s wishes, a testamentary disposition
Commercial agent’s claim for compensation following voluntary termination
A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give rise to legitimate grounds for termination for this to happen. When a commercial agency agreement is brought to an end, the commercial agent often has a right to compensation. This is because the company in a lot of cases continues to profit from the client contacts

All 5 Releases

More Releases for BAG

Cotton Bag Market is Leading in Global Industry by 2021| Direct Trade Bags, Bag …
Cotton Bag Market study by “Reportsweb” provides details about the market dynamics affecting the market, Market scope, Market segmentation and overlays shadow upon the leading market players highlighting the favorable competitive landscape and trends prevailing over the years. The report covers the prominent players in the market with detailed SWOT analysis, financial overview, and key developments of the products/services from the past three years. Moreover, the report also offers a 360º
Cebu Bag Sellers
Are you one of the many who is in love with all things designer? From clothes to shoes, and designer handbags, the world of fashion has so much to offer if you collect and are willing to spend your hard-earned money on these goods. Designer handbags are a class all their own. Not only are the top brands sought after anywhere in the world, but classic designs and models also remain
The Paper Bag initiates first European Paper Bag Day
“The Paper Bag” platform, Europe’s leading kraft paper manufacturers’ and paper bags producers’ association, springs into action by launching the VERY FIRST European Paper Bag Day on 18 October 2018. The annual action day aims to raise awareness among consumers about paper carrier bags as sustainable and efficient packaging of the future that contributes to fighting environmental pollution. “The Paper Bag” is looking forward to the first event in 2018. Paper
Garbage Bag Market
The competitive landscape of the market for garbage bag market is a mildly fragmented one marked with the presence of quite a few large players, according to a report published by Future Market Insights (FMI). The key players in the European garbage bag market are Novolasta, s.r.o Senkvice, Extrapack OOD, Pack-It BV, Achaika Plastic S.A., DAGOPLAST AS, Terdex GmbH, International Plastics, MirPack TM, Plasta.It, Primax D.o.o. The key players are
Enema Bag Market Development Strategy 2017
SUMMARY: Market Research Future published new report, titled “Enema Bag - Market Research Report: Global Forecast to 2027”. Market Synopsis for Global Enema Bag Market: Market Scenario: Enema bags are rubber bags which are utilized for the preserve enema. Basically these enema bags are utilized to administer enema. The global market for Enema Bag is expected to reach US$ XX by the end of the forecasted period and is expected to grow at a
Global Luxury Bag Market Research Report 2017
Qyresearchreports include new market research report "Global Luxury Bag Market Research Report 2017" to its huge collection of research reports. The market intelligence report provides an in-depth analysis of the global Luxury Bag market. The stakeholders for this report include market players involved in development, manufacturing, commercialization, and distribution and new companies planning to enter the global market for Luxury Bag. The executive summary of the report offers a snapshot of