Site closure – Employment Germany

Mass redundancies: A compensation of disadvantage could be offset by a social plan severance

By Thomas Wiedmann / 14 March 2019 11 June 2019 / Site closure, Termination, Uncategorized, Works Council

On 12 February 2019 the Federal Labour Court (docket number 1 AZR 279/17) ruled that a social plan severance and a compensation of disadvantage (Nachteilsausgleich) need to be offset. In March 2014, the employer took the decision to shut down its operation which the plaintiff was employed in. The employer informed the works council about the mass redundancy and tried – at least for a short period – to reach a balance of interest (Interessenausgleich). …

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Notices of termination may not be signed before mass dismissal notification has been submitted

By Volker von Alvensleben / 12 December 2018 11 June 2019 / Dismissal, Site closure, Termination, Works Council

With its judgment dated 21 August 2018, the Higher Regional Labour Court of Baden-Wurttemberg (Landesarbeitsgericht Baden-Württemberg) decided that the dismissal of an employee as part of a mass redundancy is invalid if the notice of termination is signed prior to receipt of the mass dismissal notification to the authority. The time of the receipt of notice of termination by the employee is irrelevant (docket number: 12 Sa 17/18). Under German law, the Employment Office must …

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