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Termination

"Late once → dismissal without notice!"

After minor lapses, the company threatens dismissal without notice for good cause.

§ 22 Abs. 2 Nr. 1 BBiG

The boss may NOT do that
Good cause = serious breach of duty + usually a prior warning!
After the probationary period, dismissal without notice is only possible for good cause (§ 22 (2) no. 1 BBiG). Good cause = a serious breach of duty that makes continuing the training relationship unreasonable for the employer. Typical: theft, repeated unexcused absences, physical violence. Precondition as a rule: a prior warning. Being late once is not enough. Deadline: within 2 weeks of learning of the cause at the latest (§ 22 (4) BBiG).

What the law says

§ 22 (2) no. 1 BBiG – Extraordinary termination
After the probationary period, the training relationship can only be terminated for good cause without notice.
§ 22 (3) BBiG – Written form + reason
The termination must be in writing and, in the cases of paragraph 2, state the reasons for termination.
§ 22 (4) BBiG – 2-week deadline
A termination for good cause is ineffective if the facts on which it is based have been known to the person entitled to terminate for longer than two weeks.

What you can do

  1. Check the termination letter: in writing? reason stated? date?
  2. 2-week deadline since learning of the cause — otherwise the termination is ineffective.
  3. In case of an economically existential conflict: file a claim with the labour court IMMEDIATELY (3-week deadline, § 4 KSchG by analogy with § 22 BBiG).
  4. The IHK conciliation committee before a lawsuit — often mandatory, helps reach agreement.
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