Orlando termination

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In German labor law, an Orlando termination refers to the termination of an employee who cannot (no longer) properly terminate the contract .

If ordinary termination is ruled out for an employee due to a collective agreement or an individual contractual agreement ( non-terminability ), but the employer still has an unavoidable need to terminate the contract, extraordinary termination according to Section 626 of the German Civil Code (BGB) for operational reasons is used, although according to Section 1 (2) KSchG operational requirements in themselves cannot justify an extraordinary, but only an ordinary termination.

In the case of Orlando termination, the requirements for the important reason within the meaning of Section 626 (1) BGB are significantly increased, as otherwise the exclusion of ordinary termination would have no legal effect. The prerequisite is an employment relationship that is meaningless for an unreasonable period of time . In addition, the termination must be combined with an expiry period, if necessary a social selection must take place.

The Orlando termination can also be judged by a dismissal protection suit.

This form of termination is named after the character of the same name in Virginia Woolf's novel Orlando . The term goes back to the former judge at the Federal Labor Court Knut-Dietrich Bröhl .

literature

  • Knut-Dietrich Bröhl: Current tendencies of the BAG case law to properly non-dismissable employees. In: RdA 2010, 170.
  • Gerhard Etzel: The "Orlando termination": Termination of non-terminable employees. In: ZTR 2003, 210.
  • Reinhold Mauer, Antje Schüßler: Termination of non-terminable employees. in: BB 2001, 466.

Web links

Individual evidence

  1. ↑ BAG, judgment of February 5, 1998, Az .: 2 AZR 227/97 , AP BGB § 626 No. 143; BAG, judgment of October 6, 2005, Az .: 2 AZR 362/04 , AP BAT § 53 No. 8
  2. ^ Knut-Dietrich Bröhl: The Orlando termination. Intermediate word on the extraordinary termination of employees not subject to collective agreement , in: Festschrift für Schaub, 1998, p. 55 ff.