“Consider yourself on leave until further notice!” An exemption/leave of absence may be decided colloquially.
This means that the employer releases the employee from labor conscriptions for an undetermined period of time.
Consequences of an exemption from work:
- The employee can not comply with his work until a legal termination of the contract;
- The employee must stay away from the workplace;
- The employee may be entitled to compensation for damages.
Please consider that your entitlement to holidays and the overtime payment do not forfeit with the exemption from work.
The exemption may be the “elegant” substitute for an immediate termination. The employer can remove the employee from his / her position before the statutory period of notice.
The employee may object to the exemption:
- The works council can object to the exemption after the order of a decent termination of the employer.
- The employee can take legal action against the exemption before the Employment Court (Arbeitsgericht).
If you are interested in the formal and content related conditions of an exemption agreement, you can prevent possible disadvantages by requesting for more information in due time.