The employee has been employed since July 4, 2016 in the position of vendor with a gross hourly salary of EUR 8.80. The employer states that the employee was dismissed on September 2, 2016 during the probationary period. The employee claims that the dismissal was not legally valid.
The Subdistrict Court held as follows. In the employment agreement no probationary period had been agreed upon. As a result thereof, the dismissal is voidable. Also, because of the short service of the employee – about four months – and because the employee was awarded a sickness benefit subsequent to the termination, the Subdistrict Court ruled that a compensation of EUR 1,500 gross was fair. Furthermore, in connection with the irregular termination of the employment agreement, the employee was also entitled to a compensation equal to the amount of salary for the notice period that the employer should have taken into account in case of a regular termination. In this case, this relates to the period from September 2, 2016 to November 1, 2016. An amount of EUR 3,716.06 gross was awarded.
Please note that the rules with regard to a probationary period are strict. Since the Work and Security Act entered into force, the law determines that an unlawful termination during the probationary period automatically results in a serious imputable act by the employer as a result of which a fair compensation – next to a compensation for irregular termination – is due.