Permanent fact
A permanent offense refers to a situation in labor law in which an employee continuously violates an obligation under the employment contract that entitles the employer to extraordinary termination of the employment relationship. Due to the permanent breach of duty, the preclusive period of § 626 Paragraph 2 BGB only expires if the employee no longer violates the duty.
If, for example, the employee stays away from work without authorization (self-leave of absence), another fact that is decisive for the termination arises with each day of his absence . In this respect, the period of Section 626 (2) BGB only begins at the end of this permanent fact, i.e. when the employee comes back from vacation. Other examples are: lack of a work permit ; Withdrawal of a required driver's license.
In the opinion of the Federal Labor Court (judgment of 16 May 2007 - file number 8 AZR 709/06), a situation in labor law can also be a permanent offense in which an employer continuously violates an obligation under the employment contract and which entitles the employee to do so within the preclusive period To claim damages and compensation for pain and suffering (e.g. in the case of bullying ).
Individual evidence
- ↑ Archived copy ( Memento of the original dated December 22, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
