Fired while on sick leave (terminated)

[stokc 0]

Hello everyone!

 

I have got an letter yesterday from my employer in which from the translator i understand that i am getting fired! Im going to post this letter here! --> https://ibb.co/sFp7Ltt

 

So in general i was for 2 days in a hospital ( kidney's problem ) and then the doctor gave me 30 days sick leave until 24.07.2021

My question is: Do i have any rights for being fired while sick leave ? Should i contact an lawyer ? Or in general what are good steps to follow ? It is my first time in a situation like this and i don't really know what to do and from where to start!

 

My story: I am working as a truck driver since 01.08.2017 in the same company ( about the job in the company, the conditions, the way my boss treated me i should open another topic ). For this 4 years i haven't done anything wrong, anything that will cost more for the company ( wrong address , late hour, braking, crashing, stealing etc. nothing wrong at all)!

I have two little children's and four years of experience and now in one sunny day i am without a job!

 

I have not sozialversicherung to ask!

 

Anybody more competent please give me advice ! It will be well appreciated!

Best Regards

[Marianne013 532]

That sucks.

"betriebsbedingte Kuendigung" means they are making you redundant, this generally implies that there is no more work for you to do, rather than you having done anything wrong.

However "Einhaltung the tariflichen Kuendigungsfrist" does not square with a one week notice, the minimum would be 4 weeks before the 15. or the end of the month, so for you that would be August 15th. They would also need to pay you for any holidays not taken etc.

The "Sozialversicherungsgesetzbuch" paragraph only alerts you to the fact that you need to tell the Arbeitsamt (Agentur fuer Arbeit these days I guess) about you being made redundant in a timely manner (i.e. asap, and *not* only after you finish working in your current job), otherwise you won't be able to claim unemployment benefits.

I don't live in Germany any longer, someone else would have to point you where to get low cost legal advise, but you should at least get the full redundancy period.

[LukeSkywalker 6,983]

I’m not a lawyer, but I read the letter and it says “betriebsbedingte Kündigung”, so a termination for operational reasons. This type of termination is valid also during sick leave. Examples could be closure of certain activities or divisions or a threatening insolvency. 

 

Do you have a workers’ council, ie. Betriebsrat you could contact? A lawyer could perhaps get you a deal, ie. Abfindung or severance pay. This could be e.g. 2 months salary. It depends on your duration with your employer.

 

There is a shortage of truck drivers, so in general it’s not too difficult to find another job. That’s positive. Good luck!

[White Rose of Yorkshire 984]

You must register at the Agentur für Arbeit within 3 days of receiving your notice. Failure to do so could lead to you not recieving unemployment benefit from the first day. Make a copy of your sick note to take with you.

 

Check your contract regarding the notice period and make sure you get a good reference. Do you have a Betriebsrat?

 

As Luke said above, there is a shortage of lorry  drivers so hopefully you will not be unemployed for long. Hope things turn out positive for you.

 

 

 

 

 

[Metall 14,070]

Please take all of the advice above, as I pretty can confirm all of it - unless you were NOT an employee, but some sort of subcontractor. Many truck drivers are.

[Rechtsanwalt 52]

Hello Stokc,  

 

This is a gut wrenching situation for you and your family. 

 

If your employer has more than 10 employees you are protected by law (Kündigungschutzgesetz) and a termination on operational grounds has to pass stringent criteria.  

 

You have to file a case, however, within three weeks of having been serviced the termination. 

 

So, there is still enough time to see and consult a lawyer in your locality who handles employment law.

 

Best of luck!

 

R.

[stokc 0]

Thanks to you all, i already did followed all the steps above!

 

On 7/20/2021, 6:58:02, Rechtsanwalt said:

Hello Stokc,  

 

This is a gut wrenching situation for you and your family. 

 

If your employer has more than 10 employees you are protected by law (Kündigungschutzgesetz) and a termination on operational grounds has to pass stringent criteria.  

 

You have to file a case, however, within three weeks of having been serviced the termination. 

 

So, there is still enough time to see and consult a lawyer in your locality who handles employment law.

 

Best of luck!

 

R.

 

Isn't there any lawyer who can do that online?

Any advice?

 

[engelchen 13,022]

 

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[mako1 755]

If you know the firing is not conforming to the rules, you can start a Klage at the local Arbeitsgericht. You need to understand the rules and speak German, but they can start the Klage/negotiation. The Arbeitsgericht is there to settle disputes between employees and employers. Must be done immediately/very shortly after you are notified. Bring your own lawyer and/or know the rules. A lawyer will not be provided and technically is not required.