Eagle I Cherry Woolite

false notice

If an employee has received proper notice, in which the termination date of employment is erroneous, because the notice period was calculated to be short, be careful of the worker if he is to be want to rely on short notice. He must also be aware of what he would like to: access charges for the duration of the correct period of notice, or in addition to fight for the existence of the employment relationship.

basic rule is that the employee must make all invalid reasons for termination in the period prescribed in § 4, sentence 1 job protection law within a period of 3 weeks after receipt of written notice by way of the action before the Labor Court. Depending on how the termination formulated and is to be understood, but it can be shown that a wage claim for payment calculated on the basis of the right of notice outside the limitation period of § 4, sentence 1 of the Consumer Protection Act imposed can. When testing, proceed as follows:

first It is necessary to consider whether the termination statement may be interpreted or not

Is the termination of employment at a particular -. Wrong - date is a so-called "integral part" of the notice, no interpretation can be considered. This event is an integral part of, if cancellation is made solely by the date specified (BAG, NJW 2006, 3513/3514). Whether it was to that effect, would result from the termination notice and the circumstances taken into account (so the 2nd Senate in that BAG-judgment). The 5th Senate of the BAG has aptly noted, however, that it was not the responsibility of the employee, to speculate about it, might have as to what other date specified in the notice of cancellation, the employer wanted the termination (BAG, NJW 2010, 3740/3742) . The corollary of the principle of clarity (BAG ibid.). Contains the proper notice and no further additions to a specific date is under notice, rejects the 5th Senate of the BAG, invoking the principle of certainty from an interpretation.

Thus the issues when considering the termination to the conclusion that the statement can not be interpreted, the employee must bring in the 3-week period action. If he fails that, the cash actually notice shall be effective (fiction gem. § 7 of the Consumer Protection Act) and terminated the employment at the wrong time.

second If the examination, however, that the notice of termination of an interpretation is available (after all its contents and the circumstances of the statement), it is possible even after the expiry of the limitation period still remaining wage claims for the period up to the correct termination date to provide (BAG, NJW 2006, 3513 f). Will the Workers, however, not only the rest of reward, but to fight for the existence of the employment relationship, then he must bring this to any case in the limitation period of 3 weeks before the court.

(copyright ago)