Artikel 8.9 Legal Status (Local Employees) Regulations 2020

Article 8.9 Manifestly unreasonable termination 1 If the employer’s termination of the employment contract is manifestly unreasonable, regardless of whether the applicable provisions have been complied with, the employer is obliged to pay the employee fair compensation. 2 Termination of the employment contract by the employer will be deemed manifestly unreasonable in, for example, the following circumstances: a.if no reasons are given or the reason given is a pretext or false; b.if, taking into account the redundancy provisions made for the employee and the opportunities for the employee to find other suitable work, the consequences of termination for the employee outweigh the employer’s interest in termination; c.if termination takes place solely because the employee refuses to perform assigned duties due to a serious conscientious objection; d.if termination is contrary to article 5.15 or article 8.4. 3 Paragraph 1 does not apply to termination during the probationary period, or to lawful termination for a compelling reason or due to serious dereliction of duty. 4 Any claim pursuant to this article is subject to a limitation period of six months following the date on which termination took effect.