Time off to look for a job after a dismissal

Anyone who is made redundant often faces an emotionally and organisationally challenging time. In addition to coming to terms with the loss of a job, it is important to quickly find new career prospects. The law supports employees in this process with an important entitlement: time off to look for a new job in accordance with Section 629 of the German Civil Code (BGB). But what exactly does this mean?

Entitlement to time off - what's behind it

Following the termination of a permanent employment contract, employees have the right to look for a new job during the notice period - and not just after work. § Section 629 of the German Civil Code (BGB) obliges employers to give employees a reasonable amount of time off at their request to attend job interviews or visit the employment agency.

It does not matter whether the termination was made by the employer or by the employee. The only decisive factor is that the employment relationship ends through termination - and not, for example, through retirement.

Who can assert the claim

The prerequisite for entitlement is a permanent employment relationship. This means that fixed-term employment relationships can also be covered, provided they are not only short-term or temporary. It is also important that the leave of absence is expressly requested by the employee - the employer does not have to take action on its own.

The request for time off should not be made just one day in advance. It is advisable to inform the employer at an early stage and state the planned duration. However, it is not necessary to give reasons or even disclose the potential new employer.

What counts as a „job search“

Job searches not only include traditional job interviews, but also appointments at job fairs, headhunters, medical examinations as part of the application process and aptitude tests. Even interviews at the job centre or employment agency are covered by the regulation.

However, employees must be able to demonstrate to the employer that the absence is for a specific purpose - private errands are not covered.

Duration and remuneration of the leave of absence

The law does not specify exactly how long the leave of absence may last. The benchmark is appropriateness - and this depends on the individual case. If employees have several meetings in other cities on different days, they may be granted multiple periods of leave.

There is no clear regulation in the law on the question of payment. In practice, however, Section 616 of the German Civil Code (BGB) is often referred to, which provides for continued payment of wages for a „relatively insignificant period“. If the absence is therefore short and manageable, employees generally retain their entitlement to remuneration - unless this has been expressly excluded in the employment contract.

Holiday instead of time off? Not an option

Important to know: The entitlement to time off to look for a job is in addition to the holiday entitlement. This means that the employer cannot demand that employees use holiday days for this purpose. Subsequent offsetting against remaining leave is also not permitted. The two entitlements have different objectives and must be considered separately.

If the employer refuses the claim

If the employer does not comply with the request for time off, employees should not simply stay away from work. Instead, legal clarification is necessary. In urgent cases, a temporary injunction can also help. In addition, the employer may be liable for damages if a job interview is missed as a result of the refusal.

If you need labour law support with time off to look for a job, we will be happy to assist you at our offices in Sulingen, Bremen, Osnabrück or online.

Frequently asked questions about exemption in accordance with Section 629 BGB

Do I have to say where I'm going?
No. It is sufficient to state that the appointment is part of a job search.

Can I be released from work for several days?
Yes, if this is necessary and proportionate for the job search.

Will I continue to receive my salary during this time?
As a rule, yes - provided the leave of absence is only for a short period and § 616 BGB has not been excluded.

Does this also apply if I have cancelled the contract myself?
Yes, the entitlement exists regardless of who gave notice of termination.

May mye Employerin demand that I take a holiday?
No. The entitlement to time off is independent of the holiday entitlement.