- May 7, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation Overview
So first off, on Friday, I received confirmation that I tested positive for Covid-19 and have been absent from work since Thursday. My boss recently informed me that they are terminating my employment due to my absence for three consecutive days. I am employed in the retail industry, and although I understand that during probationary periods, employers have the right to terminate employment, I feel unfairly treated as I did not receive any paid sick leave or support during my absence.
# Need for Assistance
Given the circumstances, I am left wondering if there are any options available to protect my rights and potentially challenge the decision made by my employer. Is there any recourse for someone in my position who is facing termination without any benefits or support after testing positive for a contagious virus?
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****** just grabbed a
Did you let them know you were sick (Krankmeldung)?
Not much you can do here I think:
> During the probationary period, the employer can terminate your contract without giving reasons, as the statutory protection against dismissal does not yet apply during the probationary period. Notice of termination can also be given while you are on sick leave if you are absent from work due to illness.
Within that period they can dismiss you without any cause. Probably wouldn’t want to work there if they fire people over being sick though. Which is not legal advise, more like life advise.
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When did you start the job? If it’s less than 4 weeks ago they don’t have to pay you but usually you will be eligible to get Krankengeld from your Krankenkasse. If you have been there for more than 4 weeks they have to pay you for your sick days (Entgeltfortzahlung). Also they have to pay you for the time till your employment with them ends.
Even if they are legally allowed to do that, firing someone for going on sick leave is a huge 🚩
Enjoy the two weeks (?) of pay they still have to pay you and look for a decent job after the holidays. They were probably only looking for holiday shifts and with you being sick now they decided to fire you now rather than at the end of December. You dodged a bullet there. Flag them on the usual platforms.
You can apply for a new job, but that is a stupid move by the employer. I would leave a review.
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Cant do anything about it in the probezeit
Can they fire you if you’re called in sick? Damn
As a lot of comment’s already told you, your employer is allowed to fire you in your probationary period even if your are “officially” sick with a doctors note.
Here the explanation in German:
Sollten Sie in der Probezeit krank werden, besteht auch während der Krankheit kein besonderer Kündigungsschutz. So kann Sie Ihr Arbeitgeber gemäß § 622 Abs. 3 des Bürgerlichen Gesetzbuchs (BGB) während der vereinbarten Probezeit (max. 6 Monate) mit einer Frist von zwei Wochen kündigen. Eine besondere Begründung benötigt er hierfür nicht. Dementsprechend kann der Arbeitgeber bei Krankheit in der Probezeit auch krankheitsbedingt kündigen