No termination of the employer -related acceptance of acceptance by continued employment in the event of ineffective but maintained termination
It remains that the employer cannot adhere to the termination at the same time and exclude the risk of acceptance of acceptance. However, this legal consequence is consensitive to practical legal application, since the crediting of the hypothetical merit according to § 11 No. 2 KSchG, § 615 sentence 2 BGB is maintained in the cases of operational or illness -related termination. In these cases, the employer's offer for provisional continued employment is usually reasonable. However, the dogmatics of the delay in acceptance remains unclear. The criticism expressed against this case law of the VAG is not silent. Attorney Dirk Helge Laskawy writes in decisions on commercial law (EWIR) 2003/807f.
