The termination of employment is not an everyday moment. Depending on whether employer and employee come to an agreement, one of the parties may be tempted to “follow suit” in the final meters. Not a good idea, especially not from the employee side. But even the company has a reputation to lose. In order to bring the departure of the employee from the company as professionally as possible, both contracting parties should prepare themselves. We will show you which documents you have to hand over in case of termination …
End of employment: different reasons
Employment tax statement after termination Release of personnel fileAt the end of the employment relationship, the different types are meant as employment in a company can end.
First of all, is it necessary to make a rough distinction between the two contracting parties, ie self-termination or third-party termination? It then follows in detail the respective reasons:
Termination of the employment contract by the employee
Even if a self-termination usually causes a retention period at the employment office , in some important cases, personal reasons can promote the termination of the employment relationship. This may include a professional reorientation , a break like a sabbatical or the departure due to a change of job of the partner.
A planned job change triggers the termination of the employment relationship, for example if the employee no longer sees any prospects in the company. Anyone who decides to take such a step usually has to say goodbye to a farewell and already has an employment contract in his pocket.
Not to be underestimated is the working atmosphere . If an employee is the victim of bullying , sexual harassment or similar harassment, then it will not work well in such a company in the long term. Only with a supervisor who actively prevents such behaviors is there hope that difficult colleagues will moderate their behavior.
In addition, there are external reasons for termination of the employment relationship. For example, by entering the retirement age . Significantly rarer, but also possible is the demise of the employee.
Termination of the employment contract by the employer
If there are any problems with the behavior of the employee, a notice of dismissal may follow a previous warning . For example, if the employee is guilty of refusing to work . Even notorious punctuality, alcohol at work or theft lead to the employment being terminated prematurely.
Although the reasons for dismissal by the employer are also based on the employee, they are not taxable in contrast to the previous example. This is the case, for example, with a protracted illness such as cancer. This is a person-related termination or illness-related termination .
If the order situation is demonstrably bad over a longer period of time and the employer has no opportunity to continue to employ his staff elsewhere, then this will result in redundancy.
In addition, an employment relationship can also 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 usually both sides hope to have found the potentially right contractor.
Documents to the employee
The normal case should be the ordinary notice: neither of the two parties has come to something serious, but there are different ideas about the near future. In this case, depending on the length of service, appropriate notice periods must be observed.
If these are complied with and both parties show a corresponding level of professionalism , there is nothing to prevent a regular handover of the documents on both sides. Either way, there are obligations on both sides to hand over personal documents.
For the employee, they are important because they usually have to submit them to apply for a new employer .
The following documents must be handed over:
EU citizens have full access to the labor market. Foreigners from non-EU countries are issued a work permit by the Immigration Office with the consent of the Employment Agency. This is intended for presentation to the employer.
certificate of employment
At the time of termination of employment with the Employment Agency, the employee provides the necessary proof of all information relevant to the receipt of unemployment benefit .
Employment tax statement
Meanwhile, a printout of the electronic employment tax statement is issued instead of the income tax card. This must be issued as well as earnings certificates, which can be used by the Employment Agency to see your last earnings.
certificate of employment
As an employee, you have a right to a certificate of employment upon termination of employment . Ask explicitly for a qualified certificate of employment . Otherwise it may happen that you are only issued a simple certificate of employment. In contrast to the qualified, this does not contain any evaluations and may be useful if an activity took only a few weeks and / or the separation did not go well.
In addition to a certificate of employment, references have become more fashionable in recent years . Employees – more often freelancers – can be confirmed by their employer or client. References contain a more personal touch and help the other person to get an idea of the applicant.
Workers working in the food or catering industry must prove their health on the basis of a health certificate. You also need this for the next job (if no industry change is planned) and are therefore entitled to the release. You are also entitled to receive the first instruction according to § 43 of the Infection Protection Act .
If the original social security card has been presented, your employer must return it to you. However, he may keep a copy. Also to be handed over is the certificate of social insurance declaration.
You can obtain a certificate from the employer in which the granted or financially agreed leave is booked accordingly. The new employer can ask for proof of leave in order to avoid that his employee uses double leave.
capital accumulation benefits
You should obtain proof of all documents relating to the retirement or survivors’ benefits in the event of death.
No claim to publication
Publication of the personal file after terminationIt is not uncommon for employees to know after the end of employment that information about themselves has been collected over the years.
For example, a personal file may contain application documents , as well as registration and proof of health insurance, proof of further education, a certificate of severely disabled persons or a warning .
As an employee, you are not entitled to release the personal file. However, according to § 18 of the Works Constitution Act, they have the right to inspect this file . Depending on the content, it must be kept for at least three years and some tax-relevant documents even for six years.
Bringschuld, Holschuld or Schickschuld?
Your former employer is obliged to prepare the documents with care and content . He also has to hand them over to you – if important documents are missing, you can not start a new job. If he refuses to hand over your documents, you can work against your employer.
There is no obligation to pay, the employer does not have to provide the documents to the former employee. As a rule, there is a Holschuld , that is, the employee must pick up the documents at the former workplace. Usually they are already provided there on the last working day.
The Holschuld can change under certain circumstances into a Schick debt :
The documents are not yet completed because the employee was terminated without notice.
The former employee is relocated to a remote place of residence or seriously ill, so that a pickup would be unreasonable.
The former employee was banned from work .
In these cases, the former employer bears the risk and expense of shipping the documents .