Termination of employment for personal reasons – objective grounds, documentation, and process

Short answer: The Employment Protection Act (LAS) now uses the term objective grounds. A termination can be based on redundancy or circumstances relating to the employee personally. For terminations related to personal reasons, documentation, clear communication, proportionality, and a correct process are essential.

What can constitute personal reasons?

This could, for example, involve serious or repeated misconduct, unauthorized absence, refusal to obey orders, cooperation difficulties, or lack of performance. The assessment is always specific to the case. Isolated minor errors are generally not sufficient without the employee having been given the opportunity to understand the problem and, in many cases, improve.

Document the problem early

The employer should document dates, events, conversations, instructions, support measures, and follow-ups. Documentation must be factual and relevant. A written reprimand or warning can be a way to clarify what is wrong and what consequences continued misconduct may have.

Reassignment must be assessed

Section 7 of the Employment Protection Act also includes a requirement for reassignment in cases of termination due to personal reasons. If it is reasonable to offer other work, this must be investigated before the termination is carried out. The rules have details, and collective agreements may affect the assessment.

Notification and union notice

Before termination due to personal reasons, the employee must normally be notified in advance in accordance with Section 30 of the Employment Protection Act. If the employee is a member of a union, the local organization must be notified at the same time. The employee and the organization may request a consultation.

Written notice of termination

The actual notice of termination must be in writing and contain the information required by the Employment Protection Act regarding how the employee can challenge the termination and any claims.

The two-month rule

For personal reasons, there are time limits that restrict the possibility of relying solely on older circumstances as grounds for termination. The employer should therefore handle misconduct promptly and not collect old events for years without taking action.

Termination is not the same as summary dismissal

Summary dismissal means that the employment ends immediately and requires that the employee has grossly neglected their obligations. The threshold is higher than for regular termination.

Common mistakes

• unclear requirements and expectations
• no documented follow-up
• reassignment possibilities not checked
• notification and union notice missed
• the employer uses "personal reasons" when the actual cause is redundancy

See the Template Store's template for notice of termination due to personal reasons.

In case of prior misconduct, our guides on written warnings and reprimands may also be relevant.

The article provides general information and does not replace employment law advice.