Termination
October 2, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear lawyers,
Facts:
Termination by insolvency administrator
The insolvency administrator terminated the employment relationship with me by letter dated 02.09.2009 with a notice period of 4 weeks until 30.10.2009.
The termination was legally incorrect.
The correct notice period is until 31.12.2009.
The insolvency administrator then, referring to the letter dated 02.09.2009, set the notice period to 31.12.2009 by letter dated 01.10.2009.
Question:
Is the start of the termination now based on 02.09.2009, or has the termination now been issued on 01.10.2009?
In the latter case, the termination would be effective until 31.01.2010.
In this case, I would raise an objection.
Best regards
Dear inquirer,
although the notice period was incorrectly calculated in the termination letter, this does not render the termination invalid. It simply means that the employment relationship will end only at the end of the legally prescribed period, not at the end of January as originally stated. Therefore, the termination will actually result in the end of the employment relationship at the end of December. The corrected calculation of the notice period is legally irrelevant.
Furthermore, it is important to determine whether your statutory notice period is not shorter than that regulated in § 113 InsO. For example, the statutory notice period for an employment relationship of six years is two months. However, § 113 InsO stipulates that the three-month notice period specified there should only apply if no shorter period is applicable, § 113 sentence 2 InsO.
In conclusion, your employment relationship was validly terminated at the end of December.
I hope this information is helpful to you. If you have any further questions, please do not hesitate to ask.
Sincerely,
Andreas Scholz, Attorney at Law
