Juristische Beratung in Deutschland: Löse deine Fragen

Questioner

My husband has a ban in Germany. And has a permanent contract- My husband is on sick leave and has a burnout Now I have heard that in Germany you are criticized for your wages. And that they can fire you after 6 weeks. What is true about that

Lawyer

Your employer will continue to pay your salary for the first 6 weeks of your illness. In Germany, this is called Entgeltfortzahlung. After this continued payment of salary, the Krankenkasse will pay sickness benefits for up to 78 weeks (1½ years). This is called Krankengeld. This benefit amounts to 70% of the average gross salary. Suppose you remain incapacitated for work after 78 weeks. And you are no longer able to perform your normal work. You are then entitled to a disability benefit. In Germany, this is the Erwerbsminderungsrente. The amount of this benefit depends on what you can still do. In other words: what is your residual capacity?

Lawyer

The 6 weeks are only important in connection with the continued payment of wages. Whether the employer can dismiss the employee depends on the individual details. If there are less than 10 employees working for the employer, he can always simply dismiss them. If there are more employees, a reason is needed, which the employer must demonstrate and – if the employee (!) disputes this and goes to court – lay trial. There are a lot of issues regarding illness: What is the prognosis for the employee? Will he recover? Within what period? Are there other jobs at the employer that the employee can do despite his illness? How big is the employer? What can be expected of him? If your husband were to receive the dismissal it is important to go to court within 3 weeks. We can represent him.