Wiedereinstellung
Reemployment
Article
Description
Following labour court rulings (see sources below), workers hold the right of reemployment if they are covered by the Employment Protection Act (Kündigungsschutzgesetz, KSchG) and if it can be shown that he/she was dismissed on grounds of wrong or outdated projections of future business developments. Workers have to file complaints for reemployment within the statutory time of dismissal protection (up to seven months depending on the tenure). The regulations only apply to employers employing more than 10 workers and to workers who have worked for the establishment for more than six months.
Comments
The right of reemployment is only based on case law and not on statutory legislation. A recent ruling by the federal labour court from 2017 endorsed that it only applies to workers covered by the Employment Protection Act.
Cost covered by
Not applicableInvolved actors other than national government
- Other
Involvement others
Thresholds
Sources
- Wiedereinstellung (online information on reemployment by private law agency)
- Kündigungsschutzgesetz
- Bundesarbeitsgericht (BAG) ruling from 14 December 1958, 1 AZR 29/55
- Bundesarbeitsgericht (BAG) ruling from 20 August 1997, 2 AZR 620/98
- Bundesarbeitsgericht (BAG) ruling from 2 November 2006, 2 AZR 509/05
- Bundesarbeitsgericht (BAG) ruling from 28 June 2000, 2 AZR 904/17
- Bundesarebitsgericht (BAG) ruling from 4 December 1997, 2 AZR 140/17
- Bundesarbeitsgericht (BAG) ruling from 19.10.2017 - 8 AZR 845/15
Eurofound welcomes feedback and updates on this regulation
Cuir ráiteas nua leis