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Termination for personal reasons

Termination for personal reasons does not focus on the employee's behavior, but on their person. This type of dismissal occurs when the employee's personal characteristics or skills no longer match the requirements of the job. Dismissals for personal reasons can be issued due to long-term illness, insufficient qualifications or a lack of work permit. It must be proven that the dismissal is due to these personal reasons and not for other reasons.

Legal framework

In Germany, the Dismissal Protection Act (KSchG) regulates the requirements and procedure for dismissals, including dismissals for personal reasons. A dismissal is socially unjustified in accordance with Section 1 KSchG if it is not due to reasons relating to the person or conduct of the employee. The justification of a dismissal for personal reasons is subject to strict requirements. It is necessary for the employer to prove that the dismissal is reasonable and necessary. Certain requirements must be met for dismissal for personal reasons. The employer must first try to reassign the employee or offer them further training, if this is possible, in order to effectively carry out a dismissal for personal reasons. It is also necessary to provide evidence of the employee's inability to perform the contractually agreed services. The employer must inform the employee of the impending measure prior to dismissal and give them the opportunity to comment, which is important.

Procedure for dismissal for personal reasons

If the employer issues a dismissal for personal reasons, it must do so in writing and give detailed reasons for the dismissal. After receiving the dismissal notice, the employee has a period of time to file an action for protection against dismissal with the labor court if they consider the dismissal to be unlawful. The court then reviews whether the dismissal is effective and decides on its legality. If the action for protection against dismissal is successful, the employment relationship can continue or a severance payment can be agreed.