Will I be terminated if I am long or often sick? This fear of many workers. In fact, a termination due to disease threatening only in certain cases.
flu, fever, cold: In the cold Season, the days are piling up for workers. Many fear that to be due to frequent sick leave terminated. Others get caught again, a bad disease that makes you for weeks or even permanently unable to work. However, employees can be due to a long or to many of the more common diseases terminated?
a cancellation due to illness Is possible?
A disease-related termination falls under the persons conditional termination. You can then be issued, if an employee (covered under the termination protection act) due to illness can no longer fulfill the contract in the future.
Also interesting: what are you at the cancellation of a policy
The employment protection act does not protect contrary to popular opinion, prior to termination due to illness. Nevertheless, employers can terminate not due to another disease – for this, three conditions are necessary:
A termination due to disease is always possible when staff
1.) six weeks out of the year or longer disease is a lack of due to. For such a long period of time can lead to operational and economic impairments in the company and justifies a termination of the part of the employer. It does not count whether you work on the piece or from time to time unable.
2.) In addition, it must be anticipated that the is in the future, there is no improvement in sight . Therefore, constant infections , over a period of six weeks, can lead to a termination, since the employer can assume a negative forecast for the future.
This is also true for a longer disease . Who fails because of a herniated disc any longer than six weeks and the forecast is for improvement in a bad way, the termination is* threatening. In this case, the employee may be averted, however, by using a positive prognosis from the physician a termination if necessary.
Who fails, however, a leg and, therefore, longer than six weeks breaks in the year, has nothing to fear – that was then, finally, just “bad luck”.
3. ), The employer must also make a balance of Interests between the employer and the employee, the need to go out to his favor. This takes no account of the
the duration of the employment must be employment, illness, relationship cause, of absenteeism of comparable workers, as well as the age of the employee.
More : notice, With this simple formula allows you to calculate your severance.
Sick of trial – threatens me with termination?
Otherwise it looks in the sample time. Here apply termination rules of relaxed , because of the statutory termination protection only after the test of time. In this time, termination is even without giving reasons and with a notice period of 14 days.
so, If you are a long time or often get sick, or preventing you from even a chronic disease, in the exercise of their Jobs, threatening them with dismissal.
Sick due to flu: Medical society strongly recommends vaccination, especially the Elderly, should take the warning seriously.
More: Sick in the probationary period Can be terminated?
the continued payment of wages in case of illness – what engages you?
Even if a notice of cancellation due to illness presses on the mind, so some workers get at least a small financial consolation: the employer must pay the employee up to the end of the incapacity for work, full wages even after termination.
Only in the first four weeks of the employment relationship, employees have no entitlement to continued payment of wages. However, also in this case, you do not stand there with empty hands, because the health insurance Fund pays sickness benefit.
by the Way, the claim to continued payment of wages in case of illness, ends six weeks after the start the inability to work.
further Reading: termination – do you Know the main rules and deadlines?
your opinion counts
also read : Reason for dismissal – In such cases, must have your boss call a justification.
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In Limburg, a young woman (22) suffers from cancer. Now you are told on TV on RTL 2 from your Drama. The story is moving.*
Andrea Stettner
