Tag Archive: mass dismissal

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

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 …

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

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 …

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Temporary workers and thresholds – When does a temporary worker count as a normal employee?

Temporary work is a hybrid in employment law and thus leads to many problems: Although there is an employment contract with the leasing company, the employee works for another company. The question of assignment to one of these companies arises in many aspects of German labor law. In particular, where the number of employees is …

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Restructuring of a business in Germany – an overview

Where restructuring measures comprising collective redundancies become necessary, the employer must fulfil a number of legal requirements to successfully implement such measures. While it is sometimes tempting to implement the necessary restructuring in a way that ignores the various legal requirements (e.g. co-determination of the works council etc.), there are only exceptional situations in which …

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News concerning mass dismissal procedure

On 9 June 2016 the Federal Labour Court (Bundesarbeitsgericht) decided that incorrect information to the Works Council with regard to a planned mass dismissal can be healed by a final statement of the Works Council (docket number: 5 AZR 405/15).   After deciding to close the business down, the Works Council was informed about the …

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Mass Dismissals

German Federal Labour Court, dated September 22, 2016, docket number 2 AZR 276/16 A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 22 September 2016 considered that the employer may stop the consultation procedure with the Works Council about mass dismissals if the Works Council did not show willingness to negotiate measures to avoid …

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Mass dismissal with continued employment

Terminations with changes to terms of employment (Änderungskündigungen) are redundancies in terms of sec. 17 of the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) and may require the prior notification of the Employment Agency (Bundesagentur für Arbeit) according to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated February 20, 2014 (docket number: 2 AZR …

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