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Employer: Interrogation over sickness and resignation notice

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Hello,

 

After 10 months of living and working in Germany, I have decided to leave and I have handed my termination notice in to my employer. 

 

My employer has begrudgingly provided me with a letter confirming acceptance of termination.

 

I had not taken a single sick day off during this 10 month period but I have had three sick days off recently. My employer was provided the Arbeitsunfähigkeitsbescheinigung in due time and in accordance with company policy. The Dr who I am consulting with has also suggested a further week off due to migraines, (dizziness) and burnout stress and is also prepared to write a sick note to cover this.

 

I have talked to my manager and he appears to be asking a lot of personal questions surrounding this. Understandably, I have handed my notice in and it does appear to be a little suspect to be taking sick leave, so my question is whether my employer is legally entitled to interrogate me on this?  Does any aspect of the employer-employee relationship (and any legalities) change when the termination notice is handed in?

 

Is there a possibility that my contract can be terminated on these grounds immediately?

 

Any guidance would be sincerely appreciated!

 

 

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21 minutes ago, waqas2017 said:

Does any aspect of the employer-employee relationship (and any legalities) change when the termination notice is handed in?

 

Is there a possibility that my contract can be terminated on these grounds immediately?

 

Any guidance would be sincerely appreciated!

 

 

If your ill your ill and there is nothing your boss can do. Your contract is still valid until you leave. Keep your head down do your work and don't antogonise anyone. Get a good reference if this is your first job in Germany.

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He's allowed to ask, it's not forbidden. But you are under no obligation to provide details. Don't let them pressure you into disclosing more than you are comfortable with.

 

Whether this happens before or after you've handed in your notice is immaterial. Keep working to the best of your ability, stay professional and you have nothing to worry about.

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1 hour ago, bariboy said:

He's allowed to ask, it's not forbidden. But you are under no obligation to provide details. Don't let them pressure you into disclosing more than you are comfortable with.

 

Whether this happens before or after you've handed in your notice is immaterial. Keep working to the best of your ability, stay professional and you have nothing to worry about.

From what I know about my german husband's employment, the boss can ask though as an employee, you're not obliged to discuss the nature of your illness.  Unlike sick notes in the UK, they do state the illness causing absence..here, they don't though there are some codes which may be on the sick note that relate to illness type....just google to see.  Reminds me of my old doctor in the UK who suggested a made up innocuous illness to cover the fact that I just never wanted to return to my job due to severe sexual harassment. Good idea to just stay under the radar during your notice period.

 

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