Work Wages Are Only Payable After Acceptance

So far, if a termination of a work contract comes to an early end, the Federal Court of Justice was of the opinion that the work in progress did not need to be accepted in order to make the remuneration due. The Federal Court of Justice no longer adheres to this, as is evident from the judgment of May 11, 2006 - VII ZR 146/04. The starting point for this amended case law of the highest civil court is § 641 BGB. Thereafter, the due date is a prerequisite for the entrepreneur's claim to work wages. As far as the claim for remuneration from a contract for work is concerned, there is no justifiable reason, in the opinion of the Federal Court of Justice, to waive this requirement if the entrepreneur has only performed a partial service as a result of the termination of the contract. The terminationwhich ends the contract for the future, limits the scope of the work owed by the entrepreneur to the part provided up to the termination and his claim for remuneration also to this part of the originally owed service. The work contract, which is now reduced in the scope of services owed, continues to be based on the due date of the remuneration claim in accordance with the work contract regulations, as they also applied to the original contract scope. There is no legally viable reason for making less stringent requirements for the due date of the remuneration owed for the part of the service provided than for the case of the fully executed contract. Rather, reducing these requirements woulda waiver of the acceptance as a prerequisite for maturity means that the entrepreneur would be better off even in cases where he gave reason to terminate, without there being any convincing reason for this. However, it must be possible to accept part of the service, which is regularly the case. Dr. Franz Otto