Compensation agreement can come off by E-Mail

(openPR) - a compensation agreement met on the occasion of an employer notice can come off by the exchange of enamels. That decided the Higher Labor Court Cologne (Cologne of the SA 571/06 WAS APPROPRIATE for 11.09.2006, 14).

An employee had communicated to the managing director after the notice by the employer by E-Mail that it will submit protection against dismissal complaint with the labor court, if not within a certain period an offer of compensation of the employer were present. The managing director announced itself within this period and communicated to the employee by E-Mail that he could begin an intended vacation in peace. Furthermore it computed the compensation of the employee on basis of a formula on an amount of 9.803, 28 euro. The employee drove into vacation and let the dreiwöchige period for filing suit elapse. After the return from the vacation he asked the employer for transfer of the compensation. Thereupon the managing director communicated that for the moment not sufficient money was present and one would have spoken in addition with a lawyer about the thing. The employee raised complaint on payment of the amount.

The Higher Labor Court Cologne enstchied the fact that the report of the managing director, who can begin employees its vacation calmed down, had to be understood only in such a way that the employer will pay the compensation to the employee. With the concrete compensation computation an offer is to be seen connected in the E-Mail of the employer, which the employee accepted by the request for transfer on its account.

“The Enscheidung of the Higher Labor Court Cologne is not a surprise”, like that that Hamburg Arbeitsrechtler Christian upper weather of the Kanzlei upper weather & Olfen. “A compensation agreement can be closed informally, thus by E-Mail or also verbally. A regulation is present in the protection against dismissal act, according to which the offer of a compensation must take place in the written notice of withdrawal. There is however the possibility that employers and employees make another regulation.” so attorney Oberwetter. “The case demonstrated again once that in the course of business the thought prevails, enamels would not come a special right-business meaning. The decision showed however that with thoughtless E-Mail exchange fast an agreement can be made, which one did not want at all to die.”

Upper weather & Olfen of attorneys Hamburg
Mönckebergstrasse 11
20095 Hamburg
Tei.: 040-2716960
E-Mail: owt@oberwetter-olfen.de
www.oberwetter-olfen.de

The attorneys upper weather & Olfen are active in the area of the industrial law, the IT-right and steering wheels and steering wheel meeting right.

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