The Bremen Higher Labor Court (LAG Bremen) ruled on August 11, 2026 (case number 1 SLa 18/26) that a short-time work wage claim based on acceptance default also requires a literal job offer, even if the short-time work agreement is invalid. The case involved a project manager who, after signing a consent declaration for short-time work, received reduced pay and short-time allowance for two months. He sued for the difference to his full salary — and lost in both instances. The ruling has far-reaching implications for all employees who agree to a reduction in working hours during economically difficult times or are confronted with one.
Short-time work wage claim: What employees need to know
Acceptance default means the employer fails to accept the work performance offered by the employee, despite being obliged to do so. In this case, the employer must continue to pay wages, even though no work was performed. This derives from Sections 293 et seq. of the German Civil Code (BGB). However, the prerequisite is that the employee has actually offered their work performance. In a permanent employment relationship, a literal offer is generally required, unless the employer has clearly declared that they will not accept the performance, or has failed to perform a necessary act of cooperation.
In connection with short-time work, the question often arises whether the employee must make an offer at all if the short-time work agreement is invalid. Many employees assume the employer automatically falls into acceptance default as soon as working hours are reduced. The LAG Bremen now clarifies: Even with invalid short-time work, the principle of the literal job offer remains. Without such an offer, no acceptance default arises — and thus no claim to full remuneration.
Short-time work: When an agreement is invalid
Short-time work is an instrument to bridge work stoppages without dismissing employees. The employer reduces working hours and pay accordingly, and the Federal Employment Agency pays short-time allowance as compensation. Yet not every agreement is legally valid. Typical errors include a lack of economic necessity, insufficient notice periods, or unclear provisions on the extent of the working time reduction. The agreement can also be invalid if the works council was not properly involved.
In the case at hand, the employee had signed a consent declaration for short-time work that announced its introduction for one year, with a notice period of five working days. The actual reduction, however, occurred only in two months. The court left open whether the agreement was invalid — because even if it were, the plaintiff would have had to expressly offer their work performance. This shows: Mere invalidity does not automatically lead to wage claims. What matters is whether the employee has done everything necessary to offer their work performance.
The role of the literal job offer under Section 295 BGB
Section 295 BGB provides that a literal offer suffices if the creditor (i.e., the employer) has declared that they will not accept the performance, or if a creditor action is required to effect the performance — for example, the assignment of a workplace. In employment law, the literal offer is often replaced by the employee actually appearing for work. Yet during short-time work or leave of absence, the employee is often unable to simply show up because no workplace is assigned. They must then expressly declare their readiness to work — preferably in writing by email or letter.
The LAG Bremen makes clear that this obligation applies even if the short-time work agreement is invalid. The employee cannot rely on the employer recognizing the agreement’s invalidity on their own. Instead, they must act. A mere “I am ready to work” in a subordinate clause is not enough. It must be unequivocal that they are offering their contractually owed work performance. If this offer is omitted, the employee loses their claim to acceptance default pay — even if they are right about the short-time work agreement’s invalidity. This ruling underscores how important it is to pay attention to formal details in everyday working life, especially when wage claims are at stake.
Claims in case of invalid short-time work: Full pay instead of short-time allowance?
If a short-time work agreement is invalid, the original employment contract remains unchanged. This means: The employee is entitled to their full contractual remuneration, provided they properly offer their work performance. Only then does a short-time work wage claim based on acceptance default arise, obliging the employer to pay full wages. Otherwise, the employee receives only the short-time allowance, which is significantly lower than the normal salary — and only if the Federal Employment Agency approves it.
In practice, this means for affected employees: As soon as you realize the short-time work may not be lawful, you should immediately offer your work performance in writing. Formulate, for example: “I hereby offer my work performance in full, as agreed in the employment contract. Please inform me when and where I should take up work.” Keep a copy of this letter. Without such an offer, you cannot later enforce wage claims. This applies even if the employer unilaterally ordered short-time work and you believe this was not permissible.
Many employees hesitate to make such an offer for fear of conflict. Yet it is an important signal: You show that you are willing to work and know your rights. In a dispute, this letter can be decisive. If you have already filed an unfair dismissal claim because the short-time work led to a dismissal, you should know that wage claims and dismissal protection are closely linked. Read also our article Unfair dismissal claim won — still no pay? How to enforce your claims.
What this ruling means for employees in practice
The LAG Bremen ruling is a clear warning to all employees who hope for wage payment despite invalid short-time work. It is not enough to invoke the illegality of the short-time work. You must act and offer your work performance. The decision makes clear that acceptance default during short-time work does not occur automatically, but only upon a proper offer. Whoever neglects this goes away empty-handed — even if the short-time work agreement is obviously invalid. Another important point is the burden of proof: A literal offer should always be made in writing, preferably by registered mail or email with read receipt. This allows you to prove later that you offered your work performance. Even if the employer does not respond, the offer is effective. Acceptance default then arises automatically upon receipt of the offer.
Also note: If you are dismissed after an invalid short-time work agreement, you may have a claim to severance pay. Here too, deadlines must be observed. The unfair dismissal claim must be filed with the labor court within three weeks of receiving the dismissal notice. In our article Recall after leave of absence: What employees need to know now you will find further information on similar pitfalls during leave of absence.
Professional support for wage claims: When is a specialist lawyer for employment law advisable?
Wage claims are complex and depend on many details. If you are confronted with short-time work, leave of absence, or a dismissal, you should seek legal advice early. A specialist lawyer for employment law can examine whether your short-time work agreement is valid, whether you must make a literal job offer, and how best to enforce your claims. They can also initiate an unfair dismissal claim and negotiate a settlement that includes severance pay.
However, many employees shy away from consulting a lawyer because they fear the costs. This is exactly where a litigation funder like RechtStark can help. RechtStark covers the costs of the court proceedings and the risk if the case is lost. You therefore do not have to advance any lawyer or court fees. This enables you to enforce your rights even with a limited budget. RechtStark merely examines whether your case has sufficient prospects of success and then assumes the financing. An independent specialist lawyer for employment law conducts the proceedings in your name — not RechtStark itself.
If you have therefore had to forgo wages after an invalid short-time work agreement or have even received a dismissal, do not hesitate. Secure your claims by making a literal job offer and seeking professional advice. The LAG Bremen ruling shows how important formal steps are — and how quickly one fails without them. Use your rights, but proceed strategically.
Conclusion: The ruling of the Bremen Higher Labor Court is an important clarification for all employees. Even with invalid short-time work, there is no automatic acceptance default. Only those who expressly offer their work performance secure their short-time work wage claim. Whoever neglects this risks being left with only the short-time allowance. Seek advice early and act consistently — your rights are worth it.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.