Insight
Juni 2025 · Insight

Federal Labor Court decides - forfeiture of virtual option rights in the event of employee resignation

Original: “Bundesarbeitsgericht entscheidet - Verfall von virtuellen Optionsrechten bei Eigenkündigung des Mitarbeiters”

An employer had stipulated in its General Terms and Conditions (GTC) that virtual option rights that could already be exercised through “vesting” would expire immediately in the event of the employee giving notice. Contrary to its previous case law, the BAG declared such a clause invalid, as the option rights constitute a component of the contractually agreed remuneration and may not simply be deleted. A look at the ruling from March 19, 2025 (Ref. 10 AZR 67/24).

in: GoingPublic Spezial - Mitarbeiterbeteiligungen, June 2025, 38-39
Authors: Dr. Barbara Koch-Schulte, Ute Forster
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