EMCC European Monitoring Centre on Change

Germany: Reemployment obligation after restructuring

Germany
Phase: Management
Type:
Reemployment obligation after restructuring
Last modified: 27 September, 2019
Native name:

Wiedereinstellung

English name:

Reemployment

Article

Case law only; applicable to establishments and workers covered by article 1 of the Employment Protection Act (Kündigungsschutzgesetz)

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Protection Act (Kündigungsschutzgesetz, KSchG) and if it can be shown that he/she was dismissed on grounds of wrong or outdated projections of future business developments.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 applicable
Involved actors other than national government
  • Other
Involvement others
Court
Thresholds
11
Sources
Useful? Interesting? Tell us what you think. Hide comments

Eurofound welcomes feedback and updates on this regulation

Add new comment