Employment entitlement

Entitlement of the worker to actual employment

In the employment relationship, the employee is also entitled to actual employment. This is not a matter of course. However, case law has developed this claim from the general personal rights, human rights and the employer’s duty of loyalty under the employment contract as well as the employer’s duty of care as general principles of law.

This entitlement of the employee to actual employment is intended to prevent employees from being put out of work during the current employment relationship, as it were, in order to induce them, for example, to give notice of termination. It is thus intended to prevent the employer from simply letting the employee starve to death with his arm stretched out.

For it is known and proven that keeping away from any work in a current employment relationship is at least as great a burden as overwork.

On the one hand, keeping away from any work has the effect of alienating the employee from his workplace. It also has the effect that the relationship with colleagues suffers massively. Employees who are put off in this way have practically no chance in the employment relationship. To stay.


more about labour law: Labour law in hospitalsLabour law in the pharmaceutical industry Labour law in the care of the elderly- Labour law in the railway sectorLabour law casesLabour law and corona


Remember that!

As employment law cases should be solved quickly, we always have an initial consultation appointment immediately. If possible on the same day, otherwise the next day. Please write us a message or call us directly. You can reach us by phone from Mo-Fr in the time from 8 am to 6pm.


Also interesting:
Termination because of Corona – What to do?Duration of entitlement to unemployment benefit

Termination because of Corona – What to do?Duration of entitlement to unemployment benefit/ Unsplash.com

The coronavirus has a strong impact on the entire working environment. We are currently receiving numerous inquiries on this topic every day and we notice that there is a lot of uncertainty.

⏩ On this page we have summarised the most important questions on the subject of termination due to corona.

⏩ In addition, we have collected the most frequently asked questions for employees, employers and works councils on labour law and Corona and published the corresponding answers in a separate section.

Overview
Is a dismissal because of Corona even possible?
Termination without notice because of Corona
Termination due to Corona
Termination agreement due to Corona
Corona Virus – Does the employer have to pay?
The most frequently asked questions on the subject of „Labour law and Corona“.
Any other questions? We help! (Free initial assessment)

Translated with www.DeepL.com/Translator (free version)

 

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Remember that!

As employment law cases should be solved quickly, we always have an initial consultation appointment immediately. If possible on the same day, otherwise the next day. Please write us a message or call us directly. You can reach us by phone from Mo-Fr in the time from 8 am to 6pm.