Return clause in the training agreement must be removed from the employee's incapacity for no fault of your own
Return clauses in further training agreements must be limited to those cases in which the termination of the termination of the sphere of the employee comes. Clauses, which build on the employee's own dismissal without further differentiation, violate Section 307 (1) sentence 1 of the German Civil Code (BGB) if they also grasp their own disability due to their own inability to perform. The Federal Labor Court recently decided on the judgment of 01.03.2022 - 9 AZR 260/21. Ra Dirk Helge Laskawy and Rain Peggy Lomb comment on the business magazine of the company. The article can be found here .
