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by c4mpute
1013 days ago
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Absence is reason to withhold payment in Germany, you can only expect continued payment if you are absent because you are ill (and then only for a certain period). There are some provisions like having to pay out leftover holidays and overtime before stopping payments altogether, but payment is contingent on really working in general. Note that this is different from ending employment: If you are in jail, only an extended length of absence (usually 2 years) or a work-related crime is reason for dismissal. If you are in jail for 23 months you'll keep your job usually, you are just not getting paid. |
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> Der zur Dienstleistung Verpflichtete wird des Anspruchs auf die Vergütung nicht dadurch verlustig, dass er für eine verhältnismäßig nicht erhebliche Zeit durch einen in seiner Person liegenden Grund ohne sein Verschulden an der Dienstleistung verhindert wird.
The key terms here are “verhältnismäßig nicht erhebliche Zeit” and “ohne Verschulden”. That means that if you’re absent a relatively short time (usually compared to the duration of the employment and the notice period) and without being at fault for the absence, you get paid.
There’s a lot of interpretation here: for example if your bus is late, you’re responsible (you could have taken an earlier bus), if there’s an announced strike, you’re still at fault - you knew before etc. The cause must also lie in your person specifically - if you’re stuck in traffic with hundreds of other employees due to an accident, the paragraph does not apply. If you’re missing out on work because you were involved in that accident, it does.
But being imprisoned without having committed a crime is very unlikely to be considered a fault of the employee.
Your work contract or collective bargaining agreement may modify or specify where this paragraph is applicable. No legal advice, not a lawyer,…