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Advance payment claims and inability to work in the event of termination

What you have to prove in the event of a dispute

from
Marius Saager
Lawyer
Specialist in labor law

Give me a call: 0261 - 404 99 794
E-Mail:

The legal tip from our specialist lawyer Marius Saager deals with employees' claims for advance payment of wages in connection with the termination of employment relationships. In particular, it addresses how employees have to prove their incapacity to work in court proceedings and under what conditions the probative value of a certificate of incapacity to work can be shaken.

• Burden of proof in the event of incapacity to work: The employee must prove their incapacity to work, usually by means of a certificate of incapacity to work. This certificate has a high evidential value as it is issued by a doctor.
• Shattering the evidentiary value: The evidentiary value of a certificate of incapacity to work can be shattered if, for example, frequent illnesses occur around vacation periods or the employee is seen engaging in activities that refute his alleged illness. In such cases, the employee must provide detailed evidence and release the doctor from confidentiality.
• Rulings of the Federal Labor Court: The Federal Labor Court has ruled that the evidential value can be undermined if certificates of incapacity to work exactly match notice periods and the employee takes up a new job after the expiry of the notice period. In such cases, the employee must provide more evidence to assert his claims.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.