Releasing an employee from work

You want to release an employee from work before expiration of the notice period?

The answer in detail

Is it possible to release an employee from work during the notice period?

Yes. The right to release an employee from work is the right of employers to unilaterally forgo the work of the employee during the notice period.

What must be considered when releasing an employee from work?

You have the right, without the consent of your employee, to release them from work during the notice period for the entire period or only part of it. During the time when the employee is released from work, you owe the employee their full wages. The release from work is generally issued together with the notice letter.

What are the obligations of the person released from work?

The employee must still comply with their loyalty obligation, even during the time they are released from work. The released person many only start a new job that does not compete with the current one. If the released employee pursues other employment, their salary is offset by the substitute income..

What happens to vacation entitlement?

You can require your employees to compensate open vacation entitlements during the time they are released from work. However, this may only be up to half of the release period. You must pay out vacation entitlement that exceeds that amount. If, for valid reasons, it is not possible to compensate the employee’s vacation entitlement (intensive job search, for example), then you must also pay out the remaining vacation.

How is overtime dealt with in this case?

You cannot require your employees to compensate overtime during the time they are released from work. The released employee is entitled to demand payment for the hours plus the legal premium of 25%. However, you can order compensation for overtime if the released employee agrees to time compensation or has already agreed to this (in their employment contract, for example).

Can I rescind the release from work?

You cannot unilaterally rescind an expressly issued release from work. There is an exception: If unforeseen circumstances occur – for example, an extension of the notice period due to illness of the released person..

Would you like to release an employee from work? If so, we have a template for you here.

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Vorlage Freistellung Arbeitnehmer