R as in Release from work

What is a release from work?

In a release from work, the employer declares that he or she will continue to pay the employee as agreed, but will either not accept or even waive the employee’s performance of work. 

Can my employer simply release me from work?

Since the employment contract obligates the employer to employ the employee and therefore accept their work, the employer may only direct the employee not to come to work unilaterally in a very few cases. Employers often issue them in the context of ordinary dismissals in form of garden leaves, but even then they are not always permissible. However, it is often in the interest of the employee, because it saves the employee from having to work during the notice period, which may last several months. However, it is often disputed how to deal with outstanding leave entitlements.


Please note: This is a very general overview on german labor law. If you need help in your particular case, please do not hestitate to contact me or book your appointment. I’m happy to help.

employer sends home an employee and issuing them a release from work