Can the employer withdraw a notice of termination?
A contract is a contract, just as termination is termination. If the employer wants to withdraw this, he can only speculate that the employee will agree. He has no legal claim to it.
The question of whether the employer is his termination can withdraw from the employee, has to be answered from a legal point of view. The principles of general contract law, which of course also apply to Employment Law play into it.
Termination is effective upon receipt
- In the legal language, the termination is a declaration of intent that must be received. It must be sent to the recipient. Only then does it take effect. It is effective as soon as it is received by the recipient. You can then no longer take them back, at least not from a legal point of view.
- A revocation is only possible as long as the declaration has not yet been received by the employee as the recipient. The employer intercepts his declaration, so to speak, on the fly before landing.
- With access by the recipient, an act of trust is created in contract law, which binds the declaring party and allows the recipient to trust that the declaration will endure. If one wanted to see this differently, declarations of intent would be arbitrary and legally irrelevant. The framework of contract law would be fragile.
Withdrawal formally establishes a new employment relationship
- From a practical point of view, however, the legal assessment can in all probability be defused in labor law, especially in this case. An employee who receives the notice of termination from his employer is unlikely to be very enthusiastic on a regular basis. If the employer then agrees to withdraw the declaration, the employment relationship is revived.
- Strictly from a legal point of view, the old employment relationship remains terminated due to the binding nature of the notice of termination. With the withdrawal, the employer offers the employee a new employment relationship under the same conditions. If the employee accepts, he is reinstated.
Received confirmation of employment
If an employment relationship ends, it is in the employee's interest that his ...
Employer has no right of withdrawal
- However, if the employee refuses to continue working for this employer, the termination will remain in effect. The employer cannot revoke them and make them invalid. The employee can rely on their existence. This aspect becomes relevant if the employee has already committed to something else.
- So, in conclusion: The employee's termination of the contract by the employer dissolves the employment relationship. If the employer declares that he is withdrawing the notice, the employment relationship will be continued in a purely practical manner, even if the parties do not need to take any further organizational measures. If the employment relationship has already been settled in accordance with social security, it will be revived.
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