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A current decision of the Regional Labour Court of Düsseldorf dated 23 November 2011 (docket no. 12 Sa 926/11) makes it quite clear that the declaration of a waiver of termination made by an employer is absolute and, during the period of applicability of such waiver of termination, can justify neither an ordinary nor extraordinary termination for operational reasons if such employer already offered the waiver of termination as counter-performance in a difficult economic situation.