Germany: Reemployment obligation after restructuring

Germany
Phase: Management
Typ:
Reemployment obligation after restructuring
Senast ändrad: 27 September, 2019
Lokalt namn:

Wiedereinstellung

Engelskt namn:

Reemployment

Artikel

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

Beskrivning

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Protection Act (Kündigungsschutzgesetz, KSchG) and if it can be shown that he/she was dismissed on grounds of wrong or outdated projections of future business developments.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.

Kommentarer

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
Källor
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