On Holiday, the Employee Decides Whether to Answer

On 4 December 2025 the Federal Labor Court ruled on a dismissal without notice. A train manager was accused of sexually harassing a colleague on duty. The complaint came while he was on rest days, followed by annual leave. The employer waited until he was back before hearing him. By then the two-week deadline for such a dismissal had passed, and the dismissal was invalid. The court said that leave does not mean an absolute ban on contacting an employee, and that the employer should at least have tried. But it is the employee who decides ob und wie er auf einen entsprechenden Kontaktversuch des Arbeitgebers reagiert, whether and how he responds to such an attempt. If he declines to comment because he is on holiday, there are as a rule special circumstances, and the hearing can wait until he returns.

Contact is allowed. An answer is not owed.

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