What does loa mean for work
Release from work: You should know these labor law regulations!
The exemption is coming in many forms a heart. B. as a suspension or in the form of vacation. The way it is commonly known under this term occurs quite often as Termination with leave of absence, but not only. There are numerous reasons that can cause it in the interests of the employee and or of the employer is to no longer order the employee to work.
The term therefore denotes the Abolition of the employee's duty, his Work performance to provide. This can one-sided by order of the employer or by a contractual agreement (e.g. in the case of a termination agreement).
An exemption is then not the same as an exemption. In labor law it comes down to the reason and on the underlying conditions that have been stipulated in law or negotiated between both parties. Is the state permanent or limited? Will the employee during this period paid? The employer is entitled to return to his employees at any time to call to work? We answer these questions and more in our guide.
Compact knowledge: exemption
The employer often orders his employee to be released from work, thereby releasing them temporarily or permanently from their duty to work. This procedure is particularly common in the event of a termination. However, an exemption can also be mutually agreed between the employer and the employee.
Yes, you are still entitled to a salary until the notice period has expired.
With the exemption, the employer must expressly clarify that the leave entitlement covers the remaining vacation entitlement. Otherwise, the employee can request payment for the remainder of his vacation.
Employees have e.g. B. a right to exemption if they care for close relatives or if a medically necessary visit to the doctor is not possible outside of working hours.
What types of exemption are there?
If such a measure is chosen, there is one Set of legal factors to note that in advance clarified Need to become. These determine what type of exemption is involved.
Revocable and irrevocable exemption
Became a revocable exemption agreed, this means that the employer is entitled to his employees at any time calling back to work. The latter can therefore not rely on whether he can really stay at home for the agreed time. Size Vacation planning therefore fail. Should, for example, the employer take a leave of absence during the notice period order until the termination takes effect, this basically means a revocable termination.
A irrevocable exemption however, prevents such an action, the employee may no longer to work be called.
Dealing with vacation entitlement
An irrevocable leave of absence is common taking into account the remaining vacation pronounced. However, workers often forget the fact in the company written arrangement / agreement to concretize.
This then often leads to the fact that after the leave of absence, the employee is able to do the Payout of his outstanding vacation days to demand.
How is social security handled during the period?
This is where things get a little complicated: With one irrevocable exemption actually begins at the same time Unemployment of the terminated worker, who is now offering the placement services through the Employment Agency can accept, however, the employment relationship is not yet terminated. That explains why Obligation to contribute to social security continues to exist.
However, if, for example, an exemption takes place after the termination by the Employees at their request down, the protection of the insurance remains for the time being a month at most intact. After this one month, the affected employee must logged off and subsequently logged in again when he goes back to work.
Paid and unpaid leave
As can already be seen from the introduction, an exemption can be paid or unpaid. When which case occurs usually depends on the Reason for suspension from.
Requests the Workers an exemption, this is it mostly unpaidunless this one has one Legal claim thereon. This can, for example, im Civil Code (BGB).
It happens on Order of the supervisorso the salary thereby becomes regular continued to be paidwithout the employee having to start work.
Reasons for an exemption
Such a measure may be required for a variety of reasons, including different labor law regulations accompanied. A rough distinction can be made between the reasons on the part of the employee and those on the part of the employer. An exemption may well be even without notice applied for or ordered.
Possible are on the part of the employee the following situations:
- according to § 629 BGB a paid exemption for Job interviews
- according to § 2 Care Leave Act (PflegeZG) an exemption due Illness of close relativesif these require the care of the employee
- according to § 616 BGB an exemption due to a reason lying with the employee (through no fault of his own!), which is why he is temporarily prevented from starting work (e.g. a medically necessary doctor's visit during working hours)
- according to § 37 Works Constitution Act (BetrVG) an exemption to im works Council Perform tasks
Such a claim can, however also recorded in the contract be. For example, the collective agreement for the public service contains a clause stating that an exemption is possible if a important reason is present and during which the continued payment of the salary is waived.
It takes a lot on the employer's side more pressing reasonsto enforce a suspension without the employee's consent, as this initially always the Right to employment Has.
This is especially true for one people- or behavioral termination by the employer, but also by one redundancy at least possible.
In addition, the following situations an exemption Order of the employer possible:
- There was one between the employer and the employee Shattering of the relationship of trust, for example, if the employee has a Offense has committed or is under urgent suspicion
- The employee provides a danger for customers and colleagues.
- The worker cannot be employed as there is one insufficient order book or similar gives.
Exemption from employer / employee: Two sample letters
If it comes to such a suspension, those affected often ask themselves the question; Must be an exemption always in writing respectively?
There are no legal basis, according to which the exemption must be in writing to be effective. Nevertheless, you should insist on this, for example if you are from your employer oral exemption become. At least should Witnesses be brought in, as in the event of a dispute the Prove workers must that he be his Worker every day again offered, but this offer was turned down every time.
In the following we want to demonstrate what such a written suspension can look like. First of all we have for that Release after termination creates a template that the employer can use to create a Order suspension can.
name and adress
from the employee
Place and date
exemption from work
Dear Mr. / Ms. Müller,
In our letter dated DD.MM.YYYY we terminated the employment relationship for DD.MM.YYYY. In relation to this, we will revocably release you from DD.MM.YYYY to DD.MM.YYYY and offset the remaining vacation days / entitlement to compensation for overtime.
We would like to point out that you must adhere to the applicable contractual non-competition clause even during the exemption.
With best regards
(Signature of the employer)
Confirmation of receipt of the exemption
(Signature of the employee)
Exemption after termination - a sample
Often times the employer decides, after an ordinary notice of termination, to release the employee concerned from his or her duty to work during the notice period. The present sample shows what such an arrangement can look like, but is only intended as a guide and does not claim to be correct. You should therefore not adopt it unchanged, but adapt it to your situation.
Sample: Exemption after termination (.doc)
Sample: Exemption after termination (.pdf)
Furthermore, it is usually for the Application for exemption from work no pattern necessary, as this can be submitted informally. Below we have an example listed for you.
name and adress
from the employer
Place and date
Application for leave from work
Dear Mr. / Ms. Schiller,
I hereby request that you release me from work in accordance with Section 2 (1) PflegeZG in the period from DD.MM.YYYY to DD.MM.YYYY.
With best regards
(Signature of the employee)
Application for an exemption - sample
In some cases, circumstances make it necessary for the employee to apply for an exemption himself. He can either request this as unpaid leave or refer to a legal entitlement. Our sample shows what such an application can look like. However, this is only an example and should not be adopted by you unchanged. Adjustments to your individual situation are required.
Sample for the application for exemption (.doc)
Sample for the application for exemption (.pdf)
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