Termination
"You're ill too often — we have to part ways."
The company threatens dismissal because of frequent illness.
§ 22 BBiG
It depends …
Possible during probation — hardly afterwards.
During probation the company can terminate without a reason, so also because of illness (§ 22 (1) BBiG). After probation the company can only terminate for good cause (§ 22 (2) no. 1 BBiG), and illness is generally not a good cause: it is not your fault. Only in extreme exceptional cases, e.g. if it is certain that the training goal can permanently no longer be reached because of the illness, can termination be considered. Long absences may, however, mean the training has to be extended (§ 8 (2) BBiG). Faking illness, on the other hand, is a serious breach of duty.
What the law says
§ 22 (2) no. 1 BBiG – Good cause
After probation, the training relationship can only be terminated by the trainer for good cause without notice.
§ 8 (2) BBiG – Extension
In exceptional cases, the competent body can extend the training period on the trainee's application if this is necessary to reach the training goal.
What you can do
- Report every illness properly and on time — that takes away the company's arguments.
- For longer illness: apply to the chamber to extend your training.
- Work-related illness (allergy, back)? Raise health protection.
- Received notice? Get advice immediately, deadlines are running.
More cases: Termination
- One more time and you're out!
- You're getting a warning!
- Just sign here…
- A reference? You don't need that!
- During the probationary period you can be sacked any time.
- Late once → dismissal without notice!
- Sue if you like, you don't stand a chance.
- Passed? Keep working for now, the contract will come later.
- After the training you stay with us for two years — it's in the contract.
- You want to quit? It's not that easy.
- You're fired. — via WhatsApp
- Being kept on? You have no right to that.
- Pregnant during your training — that doesn't work here.
- The company is bankrupt — what happens to you?
- We're extending your probation by three months.