Withholding work / Refusal to work

Whenever bosses violate workers contracts then workers are entitled to

  1. CLAIM your rights
  2. STOP to work (legally this is called “withholding work” / “refusal to work”)
  3. SUE for your rights

Some violations of workers contracts:

  • Missing pay
  • Missing papers (payslips)
  • Missing workplace safety
  • Missing or faulty equipment
  • Discriminiation
  • Surveillance
  • Harrasment

► More informations on violations of work contracts.

“Withholding work” / “Refusal to work”

When a workers contract is violated, this workers has the right to refuse to work (withhold the work). The process to withhold work is quite simple:

  1. KNOW your rights
  2. GET aware of a violation of your rights
  3. Get legal clearification
    • by unions
    • by lawyers
    • by other experts
  4. CLAIM your rights by making the boss aware of the violation
    • Orally (with a witness)
    • Written (with proof of delivery)
    • Example:
      • “Since XX.XX.2022 you do not fullfil your duty XYZ. Thats why I am excercising my right to refuse to work according BGB § 273. I am willing to work, but I can not do so because I have to withhold my work untill you stop violating my rights.”
  5. STOP working

Legal basis

“Right of refusal / withholding” (BGB 273)

“(1) If the debtor has a due claim against the creditor arising from the same legal relationship on which his obligation is based, he may, unless the debt relationship provides otherwise, refuse performance owed until the performance due to him is effected (right of retention).
(2) A person who is obliged to surrender an object has the same right if he has a due claim on account of uses made of the object or on account of damage caused to him by the object, unless he has obtained the object by a tort committed intentionally.”

  • Commentary of Wolfgang Däubler:

    • “Breach of duty, however, must still be continuing or a repetition must be imminent at the moment when the work performance is withheld; one-off breaches lying in the past are not sufficient.””

    • Seek legal advice beforehand to avoid culpable legal error.

► More informations on the right to refusal (BGB 273)

“Defence” of non-performance of contractual service BGB 320

“(1) A person who is obliged under a mutual contract may refuse to perform until the consideration has been paid, unless he is obliged to perform in advance. If the performance is to be made to several persons, the part due to each of them may be refused until the entire consideration has been paid. The provision of section 273 subs. 3 does not apply.
(2) If one party has paid in part, the consideration may not be refused insofar as the refusal would be contrary to good faith according to the circumstances, in particular because of the relative insignificance of the part in arrears.”

Defence of uncertainty of performance of contractual obligations BGB 321

“after the conclusion of the contract it becomes apparent, that his claim to the consideration is endangered by the other party’s lack of ability to perform.”

Conditions for the Right of refusal / withholding” / Defence (of uncertainty)