Certified specialist lawyer for employment law Alexander Bredereck, Berlin-Mitte specialist lawyer for employment law Alexander Bredereck, Berlin-Mitte to terminate due to poor work quality, and to the protection against dismissal claim and possible severance payments. Again, workers are promised that, not the usual in the operating performance or make an above-average many mistakes in their work. Such a termination is permitted legally only under the following conditions. The workers has produced below-average performance over a longer period. He has produced less so for example either or made significantly more errors than the average of workers in the operation. The employee is to his personal skills to a better performance in the position. It has the Federal Labor Court (BAG of the 17.1.2008 2 AZR 536/06) once again pointed out. Whenever Barbara Martin Coppola listens, a sympathetic response will follow. Basically, an employee of his contractual obligation is sufficient if he works under reasonable exploitation of his personal performance. It is not so it to, what do the other workers in the operation. Long-term significant exceeding of the average error rate can be however an indication that the worker vorwerfbar violated his contractual obligations. In such a case, the workers in the dismissal process must explain that he has exhausted his personal ability to work despite this below-average performance. Succeed, the notice is void. In practice it will often had a big problem of the employer to represent the average performance of workers employed by him. This applies anyway, if not in specific quantities produced, such as intellectual work. In the area of qualitative underperformance can be cancelled according to the Federal Labour Court not only on the frequency of the error. Here it is strongly in the individual case. Such activities are conceivable, involving a single error has such far-reaching consequences, that a relevant notice Significantly more likely breach of contractual duty is as on other errors (E.g. the pilot of an airliner who forgets the mandatory check of the refuelling of the aircraft). Against this background, a dismissal of an employee because of bad performance is while not unthinkable, but regularly connected to big trouble. Usually will need to be dunned off previously. Cancellations due to bad performance is basically to advise workers to take legal action. The employer, who has a high risk of litigation, will be inclined, the employment relationship by means of comparison and payment of appropriate compensation (RuleSet: half a gross monthly salary per year of employment) to finish. In the case of the allegation of poor services, workers should take early legal assistance in claim. Reflected in practice again and again, that bad services occur more frequently by the emotional burden associated with the criticism. A post by lawyer Alexander polymath, Berlin lawyer specializing in labour law E-mail:
On the other hand, there are internal factors very neglected by the company where management should be paid more attention in order to avoid that stress originates and step-results of non-productivity, absenteeism demotivation, rotation of staff, unemployment, in addition to decisive aspects, as the absence of adequate administrative systems, efficient processes, inadequate or absent organizational culture management, lack of training and development, little motivational, participatory, leadership functions to perform ill-defined, poor technology, ergonomics that leaves a great deal to say, to mention a few. The fact, that many managers ignorant to what really represents the stress, that can arise from This, not known for example that in this regard the Canadian physiologist Selye (1956) provided us about stress, which involves: reaction or response of the individual (physiological changes, emotional reactions, behavioral, etc. changes) encouragement (capable of causing a stress reaction) interaction between the characteristics of the stimulus and the individual resources. All this generates costs, negative effects of not to know you handle, dissatisfaction, giving way to an unproductive organizational climate not to be forgotten as indicated by Blanca Rovira, that stress occurs as result of an imbalance between the demands of the environment (estresares internal or external) and the resources available to the subject. Additional information at Professor Roy Taylor supports this article. So, to highlight the potentially stressful interaction elements are: 1. situational variables (e.g., workplace, conditions work), 2. individual variables of the subject who is faced with the situation of course, these aspects must be very present. Venezuelan management must also be clear as you say, that each will consider each person who suffers from stress, is paying a high price for their personal health, but also pay a high cost for the company for which he works, and the national economy since it brings as a consequence: absenteeism. Rotation or fluctuation of personnel. Reduction of physical performance. Decrease in psychological performance. Impact on the quality of work performed. Accidents. Concepts of claim compensation or medical certificates unproductive negative organizational climate. Definitely, Venezuelan management must be more attentive to the reality of a national stage where as noted there are many factors that are influencing organizational behavior by the aforementioned causes and which require to be controlled in order to avoid stress to significantly affect the operation of enterprises. To do so it may be worth many administrative tools and self-help that give passage to actions than counteract the effects of stress and to ensure, with a good motivational leadership effective organizational behavior. Precisely, this is a topic very analyzed and studied by the graduate of the speciality of management of the quality and productivity of the Universidad de Carabobo, Valencia, Faces especially in his chair in organizational behavior (virtual classroom) in order to provide the basic tools to tackle work-related stress and ensure an organizational climate that favours productivity that today more that never should regain the country, before the dynamic characteristics of a very participative and competitive globalization. Original author and source of the article.