Unfortunately, the situation is not uncommon, a surprising interview takes place, the employee is called into a room where the employer is with a witness, and the employee is accused of criminal behavior and given the choice of either the employment contract by mutual agreement to be dissolved immediately, or to be given notice of termination (without notice). If the employee signs in such a pressure situation, the question arises as to how long he can take to think about this signature and take action against the termination agreement.<\/p>\n
What is the legal situation and what can you do<\/strong> Prerequisites for a challenge according to case law<\/strong> The appeal must be made within 1 year, \u00a7 124 I BGB<\/a>. Important to note<\/strong> Unfortunately, the situation is not uncommon, a surprising interview takes place, the employee is called into a room where the employer is with a witness, and the employee is accused of criminal behavior and given the choice of either the employment contract by mutual agreement to be dissolved immediately, or to be given notice of termination (without notice). Signs the\u2026 <\/p>\n
\nAn employment relationship is terminated by the termination agreement. This termination can only take place through a unilateral termination or, as here, through a bilateral agreement. It is therefore necessary to get rid of this agreement „“. Legally, this is done by contesting the agreement. A challenge is admissible if the employee has made a mistake in signing the true facts (because the employer may have misrepresented or incompletely stated them), or was deceived or maliciously threatened by the employer (by the employer knowingly believing the employee). , there would be a sensitive evil in the form of dismissal if he does not agree to the cancellation). The contestation is regulated by law in \u00a7\u00a7 119 ff BGB<\/a>.<\/p>\n
\nThe Cologne Higher Labor Court has in its Decision of October 19, 2016 on 11 Sa 114\/16<\/a> now defines the criteria to be met:<\/p>\n
\nThe appeal period begins a. at the point in time at which the deception is discovered, in the case of a threat to end the predicament, at the latest within 10 years of the declaration of intent, \u00a7\u00a7 124 II, III BGB<\/a>.
\nThe employer must have fraudulently deceived or unlawfully threatened the employee, \u00a7 123 BGB<\/a>, which is specified as follows in relation to labor law:<\/p>\n\n
\nAll decisions are made on a case-by-case basis. It is therefore important that you can determine and then present the facts that are to be evaluated. It is the employee's burden to prove that he was deceived. In the first step, the employee must therefore be able to state what the trigger for his signature was, ie what concrete disadvantages the employer promised him. This is not easy in many cases, so you should definitely seek professional advice.<\/p>","protected":false},"excerpt":{"rendered":"