Section 616 of the German Civil Code (BGB) is a provision of labor law that constitutes an important exception to the principle of "no work, no pay." It stipulates that an employee is entitled to continued payment of remuneration if he is prevented from working for a relatively insignificant period of time for reasons attributable to him, without any fault on his part. This provision is particularly relevant in situations where other statutory provisions such as the Continued Remuneration Act or the Federal Leave Act do not apply.
§ 616 Temporary prevention
The person obliged to perform the service shall not lose their entitlement to remuneration if they are prevented from performing the service for a relatively insignificant period of time for reasons attributable to them and through no fault of their own. However, they must allow the amount to which they are entitled for the period of prevention from sickness or accident insurance based on a statutory obligation to be offset.
The requirements of § 616 BGB are clearly defined: An employment or service relationship must exist, the impediment must be temporary and must be attributable to the employee. Typical cases are short-term doctor's appointments that cannot be taken outside working hours, care of sick relatives, special family events such as weddings or deaths.be attended outside working hours, caring for sick relatives, special family events such as weddings or deaths in the immediate family, and individual legally recognized obligations such as giving evidence in court or providing first aid. However, this does not include operational or social events such as strikes, traffic jams, or natural disasters.
It should be noted in particular that § 616 BGB only applies for a relatively short period of time. Case law generally assumes a period of between one and five days, with the specific duration depending on the individual case. Longer absences—especially those exceeding six weeks—are completely excluded, even if only part of the absence would be short. Employees are also obliged to inform their employer in good time of the start and expected duration of the absence in order to avoid possible claims for damages.
A significant drawback of this provision is that it can be waived. Many employment contracts and collective agreements contain a clause that expressly excludes the application of § 616 BGB. In these cases, there is no entitlement to continued payment of remuneration under this provision, even if the requirements would otherwise be met. Employees should therefore always check their contractual provisions and, if necessary, fall back on alternative statutory entitlements such as child sickness benefit or care leave.
Conclusion: Section 616 of the German Civil Code (BGB) can provide financial security for employees in special personal situations. However, the provision is not mandatory and is often excluded by contract. Especially in the case of planned events such as weddings or in exceptional situations – such as during a pandemic – it is worth taking a look at your employment contract to avoid unpleasant surprises.
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.