Ask a lawyer on the topic of Labor law

Proper termination??

March 24, 2010 | 25,00 EUR | answered by Steffan Schwerin

I have received a termination notice. I am supposed to work tomorrow. The termination notice states: "...we terminate the employment relationship with you due to operational and order-related reasons with effect from 26.03.2010, the pro rata entitlement to vacation days and any existing overtime will be taken into account. You will be released from further, open working hours, therefore the last fully paid working day is Friday, 26.03.2010...."

How should I understand this, am I provisionally released and therefore have to continue working on call or is this an irrevocable termination, meaning I do not have to go to work and am also not insured? My employer said over the phone that it is not a release and I still have to be available as an employee of the company (until 26.03.2010). How should I act now? Since I am supposed to work for 2 hours tomorrow.

Thank you.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into consideration the circumstances described and your input as follows:

Here, the employer has terminated your employment and placed you on leave.

The leave means that you are still employed and insured until the end of the employment relationship, but you are not required to work - not even on call.

Therefore, you no longer need to go to work.

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I hope I have given you an initial overview and that my explanations are helpful to you. Feel free to contact me through the follow-up option on this platform.

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Best regards,

Steffan Schwerin
Lawyer

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