How do I proceed in a termination situation?
These instructions explain briefly how you should proceed when your employment is being terminated or has been terminated.
Employment can be terminated for one of the following principles: either for financial and production-related grounds or for grounds related to the employee’s person.
Termination based on financial and production-related grounds is usually the consequence of co-operation negotiations.
Terminating an employee for grounds related to their person requires that the employee has been issued a warning prior to the termination. Regardless of the grounds for termination, the following instructions apply.
Is your employment relationship being terminated?
As soon as you hear that your job is at risk of being terminated, contact the Union for advice.
The employer is obligated to arrange an opportunity for you to be heard concerning the termination. It is a good idea to take a shop steward or other assistant with you as support when being heard. If you are invited to be heard, you should contact the Union lawyer and clarify your situation.
When the reason for termination is stated as being financial and production-related, the employer must clarify the grounds for termination and possible alternatives to termination. The notice of termination must be given to you personally if possible. Upon your request, you have the right to receive the grounds for termination and information about the date of termination in writing.
Do not sign any documents, such as contracts, without reading them through thoroughly and carefully. You have no obligation to sign. It is not obligatory to sign your own notice of termination or other notices. You should definitely not sign the notice of termination if the notice includes additional terms, such as an agreement to forgo your right to challenge the termination.
Check the period of notice. Your employment relationship will continue as usual during the period of notice and you should receive your normal wages or salary. In some cases, an agreement is made that the employee does not have the obligation to work during the period of notice. Even in this case, your wages must be paid normally for this period of time.
Has your employment already been terminated?
Contact the Union to assess your situation and to discuss possible further measures. Provide us with a detailed explanation of your situation and grounds for termination, preferably in writing.
If, in a sudden crisis situation, you feel the need to talk with someone, please contact your occupational health provider. You are still entitled to use the occupational health service during your period of notice.
Furthermore, if you have been terminated on financial and production-related grounds, you have, under certain conditions, the right to utilise occupational health services for six months after the obligation to work ends. The conditions for this include that the employer regularly employs at least 30 people and that you have been employed by the employer for an uninterrupted period of at least five years before the termination of the employment relationship.
Register as an unemployed jobseeker with the TE Office without delay and no later than the first day of unemployment.
It is only possible to get an unemployment allowance for the period of time in which you are registered as a full-time jobseeker with the TE Office. Remember to comply with the instructions of the TE Office and ensure that you maintain your status as a jobseeker. The TE Office will examine your situation and issue a labour market policy statement about your right to the benefit to the unemployment fund. If you have been chosen for termination following co-operation negotiations and you have received a severance package, you should not be given any waiting period. The only way that a waiting period can follow the acceptance of a severance package is if you have voluntarily stated that you will take the severance package. The Union can help you to appeal if you have received a negative decision regarding your right to the benefit.
A severance package may be considered deferred income in unemployment security and may affect the payment of the earnings-related allowance. Even if you are not receiving any earnings-related allowance during the deferral period, make sure that your status as a jobseeker remains valid at the TE Office! If you are absent from the labour market for more than six months without an acceptable reason, you will lose any time accrued towards the employment condition and your right to an earnings-related allowance.
For any questions regarding unemployment security, you can, when necessary, contact the TE Office directly or the payer of the earnings-related allowance, which is the Unemployment Fund for Education and Science.