Kündigungsfristen Paragraph 14 Bis 16 At Avr

Understanding the intricacies of employment law can be daunting, especially when navigating the German system. This article provides a clear and concise explanation of the termination notice periods (Kündigungsfristen) as outlined in Paragraphs 14 to 16 of the Arbeitsvertragsrichtlinien (AVR), a collective bargaining agreement prevalent in the social and church sectors in Germany. This guide is intended for expats, newcomers, or anyone seeking a deeper understanding of their rights and obligations regarding employment termination under the AVR.

General Overview of the AVR and Termination

The Arbeitsvertragsrichtlinien (AVR) are a set of employment regulations that govern working conditions, including pay, working hours, and termination procedures, for employees working in institutions affiliated with the Diakonie (Protestant social welfare organizations) and Caritas (Catholic social welfare organizations). While not legally binding like a law, the AVR functions similarly to a collective bargaining agreement (Tarifvertrag) and is typically incorporated into individual employment contracts. This means that the AVR's provisions become contractually binding between the employer and the employee.

Termination (Kündigung) of an employment contract under the AVR can occur in two primary ways: by the employer (Arbeitgeberkündigung) or by the employee (Arbeitnehmerkündigung). Paragraphs 14 to 16 of the AVR specifically address the notice periods required for both types of termination.

Paragraph 14: General Termination Notice Periods (Allgemeine Kündigungsfristen)

Paragraph 14 of the AVR outlines the general notice periods applicable to terminations initiated by both the employer and the employee. These notice periods are dependent on the employee's length of service with the organization (Beschäftigungszeit).

The relevant notice periods as per Paragraph 14 are as follows:

• During the probationary period (Probezeit): A notice period of two weeks (zwei Wochen) to the end of the month (zum Monatsende). The probationary period length may vary as defined by the employment contract.
• After the probationary period: The notice period increases with the length of service:
• 6 weeks to the end of a quarter: If the Employment Contract was signed before 31.12.2023.
• One month (ein Monat) to the end of a month, If the Employment Contract was signed on or after 01.01.2024.

Important Considerations for Paragraph 14:

• Calculation of Service Length: The calculation of the employee's length of service begins from the date of commencement of employment, not the date of the employment contract.
• Written Form: All terminations must be in written form (Schriftform) to be legally valid. A verbal termination is invalid.
• "Zum Monatsende" Meaning: The phrase "zum Monatsende" signifies that the termination takes effect at the very end of the month. For example, if the notice period is one month and the employer serves the notice on the 10th of March, the employment will terminate on the 30th of April (assuming April has 30 days).
• "Zum Quartalsende" Meaning: The phrase "zum Quartalsende" signifies that the termination takes effect at the very end of the quarter. For example, if the notice period is 6 weeks and the employer serves the notice on the 10th of January, the employment will terminate on the 31st of March.

Paragraph 15: Termination for Specific Groups of Employees (Kündigung bestimmter Mitarbeitergruppen)

Paragraph 15 addresses termination notice periods that apply specifically to certain groups of employees, providing additional protections against termination.

Paragraph 15 often includes provisions relating to employees who are:

• Disabled (behinderte Menschen): The termination of employees with disabilities is subject to specific legal protections, often requiring the consent of the Integration Office (Integrationsamt). The AVR may reiterate or enhance these protections.
• Employee Representatives (Mitarbeitervertretung): Members of the employee representative body (similar to a works council) often enjoy enhanced protection against termination to ensure they can perform their duties without fear of reprisal.
• Pregnant women or women on maternity leave (Schwangere oder Mütter im Mutterschutz): German law provides significant protection against termination for pregnant women and those on maternity leave. The AVR usually confirms and reinforces these protections.

Key Considerations for Paragraph 15:

• Consultation with the Employee Representative Body: In cases involving the termination of protected groups, employers are typically required to consult with the employee representative body before issuing the termination notice.
• Special Procedures: The termination of employees covered by Paragraph 15 often involves specific procedures and approvals from relevant authorities.
• Individual Review: Each case involving a protected employee requires careful individual review to ensure compliance with all applicable laws and the AVR provisions.
• It is vital to consult with an employment lawyer (Anwalt für Arbeitsrecht) if you belong to one of these categories and face potential termination.

Paragraph 16: Exceptional Termination (Außerordentliche Kündigung)

Paragraph 16 of the AVR deals with exceptional termination (außerordentliche Kündigung), also known as termination without notice (fristlose Kündigung). This type of termination is only permissible under very specific and severe circumstances, where continuing the employment relationship is deemed unreasonable for one or both parties.

Grounds for Exceptional Termination:

An exceptional termination can only be justified if there is a "good cause" (wichtiger Grund) that makes it impossible or unreasonable to continue the employment relationship until the end of the regular notice period. Examples of such causes may include:

• Serious breach of contract by the employee: This could involve theft, fraud, gross insubordination, or persistent refusal to perform work duties.
• Criminal behavior by the employee: Actions such as violence or harassment against colleagues or the employer.
• Serious breach of contract by the employer: Examples include consistent failure to pay wages, harassment of the employee, or unsafe working conditions.

Key Aspects of Exceptional Termination under Paragraph 16:

• Urgency: The termination must be declared within a reasonable time frame after the employer becomes aware of the "good cause." Delaying the termination may weaken its legal validity.
• Justification: The reasons for the exceptional termination must be clearly stated in the termination notice. The employer must be able to provide evidence to support the claimed "good cause."
• Immediate Effect: Unlike regular termination, exceptional termination takes effect immediately upon receipt of the termination notice.
• Employee's Right to Contest: The employee has the right to challenge the validity of the exceptional termination in court (Arbeitsgericht).
• Risk of Lawsuit: Employers who issue an unjustified exceptional termination risk being sued by the employee for damages and lost wages.

Practical Implications and Recommendations

Understanding the Kündigungsfristen outlined in Paragraphs 14-16 of the AVR is crucial for both employers and employees in the social and church sectors. Here are some practical recommendations:

• Review your Employment Contract: Carefully examine your employment contract to determine whether the AVR applies to your employment relationship. The contract should explicitly state whether the AVR is incorporated.
• Calculate your Service Length: Accurately calculate your length of service to determine the applicable notice period.
• Document Everything: Keep records of all relevant documents, including your employment contract, payslips, and any communication related to termination.
• Seek Legal Advice: If you have any doubts or concerns about your termination rights or obligations, consult with an employment lawyer (Anwalt für Arbeitsrecht). This is particularly important if you belong to a protected employee group or if you believe your termination is unlawful.
• Understand your Rights: Familiarize yourself with your rights and obligations under German law and the AVR. This includes your right to contest a termination, your right to unemployment benefits, and your right to receive a written reference (Arbeitszeugnis).
• Consider Mediation: In some cases, mediation (Mediation) can be a valuable tool for resolving employment disputes and reaching a mutually agreeable settlement.

Disclaimer: This article provides general information about the termination notice periods under Paragraphs 14-16 of the AVR and is not intended to be a substitute for legal advice. The specific circumstances of each case may vary, and it is essential to consult with a qualified legal professional for advice tailored to your individual situation.