Ask a lawyer on the topic of Labor law

Termination and Sexual Harassment

January 5, 2010 | 35,00 EUR | answered by Steffan Schwerin

Dear lawyer,

My company is in the red... with a total deficit of several million euros. I have been terminated and have a notice period of 6 months until June 30, 2010. At the end of January 2010, I will be 56 years old, and on April 9, 2010, I would have had 20 years of service.

Questions:
1) If the company is in the red, does it still have to set a severance payment of 18 months' salary if the person is 56 years old?

2) When calculating the duration of the employment relationship, a period of more than six months is rounded up to a full year. Is this also the case when the company is in the red?

3) Sexual harassment: Is verbal sexual harassment punished in the same way as non-verbal or physical behavior of a sexual nature? (Question from a colleague)

Thank you for your response.

Best regards,
Henri Jelsch

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised, taking into consideration the circumstances described and your input, as follows:

1) If the company is in the red, does it still have to set a payment of 18 months' earnings as a severance package for a 56-year-old employee?

If the company is only in the red and not insolvent, a corresponding severance package must still be paid. The amount will either be negotiated with the employer or based on length of service. In this case, with 19 years of service, it would be half a month's gross salary for each year of service, for example, €28,500 based on a monthly gross salary of €3,000.

2) When determining the length of employment, should a period of more than six months be rounded up to a full year, even in the case of the company being in the red?

Yes, the same rounding rule would apply in this case as well. The company's financial situation does not affect the calculation of length of service.

3) Sexual harassment: is verbal sexual harassment punished the same as non-verbal or physical sexual behavior?

Such behavior can be considered as coercion or offense against the other person, and therefore may be punishable. Depending on the intensity of the verbal harassment, it could be directly considered as punishable sexual harassment.

I would like to remind you that this platform cannot replace comprehensive and personal legal advice. The aim here is to provide an initial rough assessment of your legal issue based on the information you have provided, and to obtain legal advice from a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description may lead to a completely different legal assessment.

I hope this overview has been helpful, and my explanations have provided some clarity. Feel free to reach out to me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee paid can be fully credited towards any further services.

Distance between lawyer and client is not a problem, as modern communication methods such as email, post, fax, and phone can facilitate legal representation.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de