{
  "id": 4861220,
  "title": "Kündigungsschutzklage: Wann eine Freistellung nicht widerrufen werden kann",
  "url": "https://urgent.news/2026/09/01/kundigungsschutzklage-wann-eine-freistellung-nicht-widerrufen-werden",
  "topic": "business",
  "section": "Business",
  "published": "2026-09-01T12:24:45.000Z",
  "source": {
    "name": "Handelsblatt",
    "slug": "handelsblatt",
    "url": "https://www.handelsblatt.com/politik/deutschland/kuendigungsschutzklage-wann-eine-freistellung-nicht-widerrufen-werden-kann/100251200.html"
  },
  "original_language": "de",
  "account": "In a recent ruling by the Landesarbeitsgericht Niedersachsen, it was determined that an unconditional dismissal leave granted to an employee cannot be revoked, even if the employment relationship continues after a lawsuit. This was established in a case where an employer dismissed a worker on March 13, 2025, allowing them to take their remaining paid time off and overtime into account. The dismissal was also effective immediately.\n\nThe dismissed worker submitted a Kündigungsschutzklage (protection against dismissal lawsuit) on March 24, 2025, demanding that the employer allow them to return to work the following day. However, the worker did not comply and remained absent until the end of their fixed-term employment on May 31, 2025. Consequently, the dismissed worker sought compensation for their unpaid wages from March to May.\n\nThe Landesarbeitsgericht ruled that the employer was entitled to pay the dismissed worker their salary and vacation pay until the end of the original dismissal period on April 15, 2025. Moreover, it was legally valid for the employee to initially abstain from returning to work. The unconditional leave granted to the employee could not be unilaterally revoked, primarily due to the absence of precise temporal determination of the vacation days by the company. According to the court, the vacation allowance was indeed granted for the entire duration of the dismissal period. However, the leave only applied to the length of the dismissal period, and from April 16, 2025, the employee was obligated to return to work. As the employee failed to do so, his entitlement to wages during the remaining contract period until the end of May was forfeited.",
  "summary": "Nach einer Kündigungsschutzklage unter Anrechnung von Resturlaub bleibt eine unwiderrufliche Freistellung unter Umständen wirksam – auch wenn das Arbeitsverhältnis weiterbesteht. Worauf es ankommt.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}