Germany’s Federal Labor Court (Bundesarbeitsgericht (BAG)) has clarified the limits of an employer’s information rights when an employee seeks default-of-acceptance remuneration after an invalid termination (judgment of August 26, 2026, Ref. No. 5 AZR 37/25).
Quick Hits
An employer may request that the employee disclose which job offers the employee received from Germany’s Federal Employment Agency (Bundesagentur für Arbeit) or Jobcenter.
The employer does not have an independently enforceable right to information about applications and their outcomes.
The right to information under Section 242 of the German Civil Code (Bürgerliches Gesetzbuch (BGB)) extends only as far as the employer needs information to trigger the employee’s secondary burden of producing evidence (sekundäre Darlegungslast) in default-of-acceptance remuneration litigation.
The Case—Dispute Over Default-of-Acceptance Remuneration After a Termination
The employee was discharged. The employment termination proved to… Read the complete article here...
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