Can I resign from my job due to health issues?
January 1, 2022 | 50,00 EUR | answered by Piotr Gehrmann
Dear Lawyer,
I am reaching out to you with a question regarding my workplace. My name is Anna Weiß and I have been working in an office job for five years. Lately, I have been experiencing increased health problems that significantly impact my work life. I suffer from severe back pain caused by long hours at the desk, as well as stress-related headaches. These issues result in me feeling overwhelmed and my performance at work is suffering as a result.
I have already discussed my health problems with my employer, but no measures have been taken to improve my situation. I have consulted a doctor who advised me to change my workplace or, in the worst case scenario, to resign in order to protect my health.
My concerns are that I cannot simply resign from my job as I am worried about financial losses and unsure if I am entitled to severance pay. I am wondering if my health problems give me a valid reason for special termination and if my employer is obligated to pay me severance.
Could you please inform me if I can resign from my job due to my health problems and if I am entitled to severance in this case? Are there any other possible solutions that I should consider? I would greatly appreciate your legal assessment on this matter.
Thank you in advance.
Sincerely,
Anna Weiß
Dear Mrs. Weiß,
Thank you for your message and trust in my legal assessment. I am sorry to hear that you are experiencing health issues in the workplace and that your employer has not taken any measures to improve your situation.
In your case, it is important to know that health problems in the workplace can, under certain circumstances, constitute a special reason for termination. According to § 626 of the German Civil Code (BGB), termination for cause is possible if, taking into account all circumstances of the individual case and balancing the interests of both parties, the continuation of the employment relationship until the end of the notice period or until the agreed termination of the employment relationship cannot be expected.
In your case, the health problems, especially the severe back and head pain, can be considered a significant reason for termination due to the risk to your health and the significant impairment of your performance at work. It is advisable that you collect all medical records and certificates documenting your health complaints, so that you can present them as evidence if necessary.
Regarding the question of a severance payment in case of termination for health reasons, there is no general legal regulation. However, it is usually recommended that you negotiate with your employer for a mutual solution and a possible severance payment. It is possible that your employer may offer a severance payment out of goodwill to end the employment relationship amicably.
If no agreement can be reached with your employer and you are considering termination for cause, I recommend seeking legal advice from a specialized labor lawyer in a timely manner. A specialist in labor law can provide comprehensive advice and help you protect your rights in this situation.
Finally, I would like to emphasize that there are other possible solutions that you should consider. These may include applying for a doctor-certified inability to work, undergoing rehabilitation measures, or negotiating alternative working conditions with your employer to minimize your health problems in the workplace.
I hope that my explanation helps you find a solution to your current situation. Please do not hesitate to contact me if you have any further questions.
Best regards,
Piotr Gehrmann
