Dispute over the city clinic: ex-director calls for return or severance pay!
Dispute over the city clinic: ex-director calls for return or severance pay!
The legal discussion between the former commercial director of the Frankenthal City Clinic and the city now runs over three years. According to rheinpalz.de in January 2024 declared the directors' termination ineffective. The plaintiff now calls for his continuation and sees a variety of challenges.
The city administration has so far been unable to achieve a comparison, despite intensive negotiations over the past twelve months. However, there is no result of the talks. Now the city administration is planning to reach an agreement in spring to end this lengthy legal dispute.
possible comparison options
The options for a possible comparison are diverse. These include the return of the director to his old, now newly occupied post. Alternatively, the plaintiff could also be offered a comparable position or received a severance payment from the city. According to Haufe.de Workers.
As a rule,A severance payment compared to the protection against dismissal protection procedure is concluded as a contract in accordance with Section 779 (1) BGB. In more than 50% of the procedures, the dispute usually ends by such a comparison, which usually includes a severance payment. However, a claim to compensation is not automatic, and must be agreed individually or collectively.
financial stress
The judgment of the State Labor Court indicates high costs. The city could be burdened with over half a million euros in wage releases for the last four and a half years. These financial risks should take into account both the plaintiff and the city administration in the upcoming negotiations in order to get a constructive solution.
The amount of the severance payment is influenced, among other things, by the plaintiff's age, the duration of employment and the individual market opportunities. However, it is unclear how the city will react to these financial burdens. The regulations on the amount of the severance pay are set in § 10 KSchG and can be oriented in practice on 0.5 to 1 gross monthly income per year of employment, while the severance payments generally do not represent any contributions.
However, severance payments are not only an expression of the loss of workplace, but also exclude claims for damages on salary payments after the termination of the employment relationship. Here it is important to examine the contractual regulations and conditions exactly to avoid unpleasant surprises, such as "https://rechtsanwalt-arbeitsrecht-in-berlin.de/news/abfindungs-mal-was-ist-zu-leichten/"> Rechtsanwalt-arbeitsrecht-in-berlin.deA mutual comparison could be a way to put an end to the long -term discussion. However, as long as no agreement can be reached, the situation remains tense and the participants in the uncertainty about the future professional perspective of the director.
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