Termination 400 Euro Force
September 5, 2009 | 30,00 EUR | answered by Michael Vogt
Can I terminate the contract properly? We have been employing our cleaner on a 400 € basis for 8 years and have been dissatisfied for a long time. We have communicated in writing to her repeatedly about what is going wrong, but she has never been officially warned. I have been working in the company for 1 1/2 years and have noticed in the last few months through checks that she has been recording many more hours than she is actually present. Now she has 4 weeks of vacation and I have hired a professional cleaning company. This company works better and much cheaper, as the cleaner costs us 400 € per month + a flat rate of 120 €. In theory, time fraud is a reason for immediate termination. What notice period must be observed? The contract states 4 weeks for both parties. Thank you for your response.
Dear seeker of advice,
Based on the facts you have provided and taking into consideration your input, I would like to answer your question as follows:
In a minor employment relationship, it is essentially a full employment relationship to which the statutory notice periods of § 622 para. 2 BGB and the regulations of the Protection Against Dismissal Act apply.
1. Notice period
According to § 622 para. 2 BGB, the notice period is three months at the end of a calendar month if the employment relationship has lasted for 8 years.
A shorter notice period agreed upon in the employment contract would only be permissible if your company generally employs no more than 20 employees.
In this case, the agreed period of 4 weeks would be permissible, and you would need to adhere to it.
2. Protection Against Dismissal Act
Furthermore, it would need to be examined whether your cleaning lady is subject to the regulations of the Protection Against Dismissal Act.
Here too, the number of employees in your company is ultimately decisive.
If there are more than 5 employees whose employment relationship began before 01.01.2004, an ordinary dismissal would need to be socially justified and therefore require a specific reason for termination.
If this is not the case, you can terminate your cleaning lady without further explanation.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this answer, based on your information, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. Adding or omitting relevant information can lead to a completely different legal assessment.
You are welcome to contact me through the follow-up option on this platform or via my email address.
For legal representation beyond this initial consultation, my law firm is also at your disposal.
I wish you a pleasant weekend and remain
Yours sincerely.
