Can she resign from a one-year contract?


Questioner

She is 15 years old and she is a shelf stacker. She called in sick today and actually forces her to work and otherwise she has to arrange someone herself who can work for her, can they do that? And another question, she is actually done with it, she has a one-year contract, she can resign, thanks in advance

Lawyer

A temporary employment contract can be terminated if this is stated in the employment contract. This is usually the case. The agreed notice period and the date on which termination can take place must be observed, otherwise liability for damages may arise. If the employee has reported sick, he/she does not have to work. After all, this is considered incapacity for work. This is different if the company doctor finds that the employee is not sick (and therefore incapacitated for work). It is not up to the employer to assess whether someone is sick (and therefore incapacitated for work). If the employee terminates the employment contract himself/herself, he/she is generally not eligible for benefits.

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