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Termination of employment: You need these documents

The Termination of Employment is an unusual moment. Depending on whether the employer and employee split up by mutual agreement, one of the parties may be tempted to "follow suit" on the last few meters. Not a good idea, especially not on the employee side. But the company also has a reputation to lose. Both contracting parties should prepare themselves to ensure that the employee leaves the company as professionally as possible. We will show you which documents must be handed over to you in the event of a termination ...

➠ Content: This is what awaits you

➠ Content: This is what awaits you

End of employment: different reasons

Upon termination of the employment relationship, the different ways meant how a job in a company can end.

First of all, a rough distinction must be made between the two contracting parties, i.e. self-termination or third-party termination? The respective reasons then follow in detail:

  • Termination of employment by the employee

    • personal reasons

      Even if self-resignation usually causes a blocking period at the employment office, in some important cases personal reasons can drive the termination of the employment relationship. This can include a professional reorientation, a break such as a sabbatical or moving away due to a change of job of the partner.

    • professional reasons

      A planned job change triggers the termination of the employment relationship, for example if the employee no longer sees any prospects in the company. Those who decide to take such a step have usually planned the farewell well in advance and already have an employment contract in their pocket.

    • operational reasons

      The working atmosphere is not to be underestimated. If an employee becomes a victim of bullying, sexual harassment or similar harassment, then it is not possible to work well in such a company in the long term. Only with a manager who actively prevents such behavior can there be hope that difficult colleagues will moderate their behavior.

    • other reasons

      There are also external causes for termination of the employment relationship. For example, by entering retirement age. The death of the employee is much less common, but also possible.

  • Termination of employment by the employer

    • behavioral reasons

      If there is something wrong with the behavior of the employee, a behavior-related termination can follow after a prior warning. For example, if the employee is guilty of refusing to work. Notorious lack of punctuality, alcohol at work or theft also lead to the employment relationship being terminated prematurely.

    • personal reasons

      The reasons for the termination by the employer also lie in the person of the employee, but in contrast to the previous example, they are not taxable. This is the case, for example, with a protracted illness such as cancer. This is a personal termination or termination due to illness.

    • operational reasons

      If the order situation is demonstrably bad over a longer period of time and the employer has no way of employing his employee elsewhere, then there is an operational dismissal.

    • other reasons

      In addition, an employment relationship can simply expire, for example if it was an employment relationship limited to a certain period of time. A termination during the probationary period is another special case, because both sides usually hope to have found the potentially right contractual partner.

Documents to the employee

The normal case should be the ordinary termination: Neither party has been guilty of anything serious, but there is different ideas about the near future. In this case, appropriate notice periods must be observed depending on the length of service.

If these are adhered to and both parties demonstrate a corresponding level of professionalism, one person stands regulated handover nothing against the documents on both sides. Either way, there are obligations on both sides to hand over personal documents.

They are important for the employee, since he usually uses them to apply to a company submit to new employer got to.

The following documents are to be handed over:

  • Work permit

    EU citizens have unrestricted access to the labor market. For foreign citizens from non-EU countries, the immigration authorities will issue a work permit with the consent of the Employment Agency. This is intended to be presented to the employer.

  • Certificate of employment

    In this way, upon termination of the employment relationship, the employee provides the employment agency with the necessary evidence of all information that is relevant for receiving unemployment benefits.

  • Income tax certificate

    In the meantime, a printout of the electronic income tax certificate is issued instead of the income tax card. This must be issued as well as certificates of earnings, which the employment agency can use to see your last earnings.

  • certificate of employment

    As an employee, you are entitled to an employment reference upon termination of the employment relationship. Expressly ask for a qualified job reference. Otherwise it can happen that you will only be issued a simple reference. In contrast to the qualified, this does not contain any evaluations and can be useful if an activity only lasted a few weeks and / or the separation did not go well.

  • credentials

    In addition to a job reference, references have become more fashionable in recent years. Employees - more often also freelancers - have their work performance confirmed by employers or clients. References contain a more personal touch and help the other person to get an idea of ​​the applicant.

  • Health certificate

    Employees who work in the food or hospitality industry have to prove their health with a health certificate. You will also need this for the next position (unless a change of industry is planned) and are therefore entitled to have it published. You are also entitled to receive the initial instruction in accordance with Section 43 of the Infection Protection Act.

  • Proof of social security

    If the original social security card was presented, your employer must return it to you. However, he is allowed to keep a copy. The certificate of registration for social security must also be handed over.

  • Holiday certificate

    You can have your employer issue you a certificate in which the granted or financially compensated leave is documented accordingly. The new employer can request proof of vacation in order to avoid that his employee takes double vacation.

  • capital accumulation benefits

    You should have proof of all documents relating to retirement benefits or benefits for surviving dependents in the event of death handed over to you.

No claim to surrender

It is not uncommon for employees to want to know which one after their employment relationship has ended Information about yourself collected over the years.

A personnel file can, for example Application documents included, as well as the registration and proof of health insurance, proof of further training, a severely handicapped ID card or a warning.

As an employee, you are not entitled to the handover of the personnel file. However, according to Section 18 of the Works Constitution Act, you have the right Inspection of this file to take. The content must be kept for at least three years, some tax-relevant documents even for six years.

Obligation to deliver, to collect or to send?

Your former employer is obliged to keep the documents carefully and content correct to create. He also has to hand them over to you - if important documents are missing, you cannot start a new position. If he refuses to hand over your documents, you can take legal action against your employer.

There is no obligation to deliver, the employer does not have to add the documents to the former employee. As a general rule there is a debt to collect, that is, the employee must collect the documents from the former workplace. They are usually made available there on the last working day.

The debt to collect can arise under certain circumstances to change into a fateful debt:

  • The documents are still not completedbecause the employee was terminated without notice.
  • The former employee is at one remote place of residence moved or seriously ill, so that a collection would be unreasonable.
  • The former employee was House ban granted.

In these cases, the former employer bears the responsibility for sending the documents Risk and the Cost.

Further advice on termination

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17th December 2020Author: Jochen Mai

Jochen Mai is the founder and editor-in-chief of the career bible. The author of several books lectures at the TH Köln and is a sought-after keynote speaker, coach and consultant.

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