Delay in acceptance

In an employment relationship, the principle “no work, no pay” applies. However, if you have been wrongfully dismissed, your employer will be entitled to a Termination with expiry of the botice period and at an extraordinary Termination in default of acceptance. If you are both willing and able to work, i.e. not unable to work due to illness, then you are still entitled to your agreed salary. This also applies in relevant cases of LOSS OF WORKS, if the employer Business Risk carries.

You can either already determine your possible default of acceptance wage in the Terminationprotection proceedings or in separate proceedings as a so-called action for performance. This gives rise to a number of tactical options that you should clarify in advance. We will be happy to help you with this.