Termination for operational reasons - what people need to know

Because of Covid-19 cancelled? Are you suffering from Covid-19, so you need to make your job in General, no Worries. In the case of illness and inability to wo

Termination for operational reasons - what people need to know
Because of Covid-19 cancelled?

Are you suffering from Covid-19, so you need to make your job in General, no Worries. In the case of illness and inability to work the 6 weeks of continued wage payment by the employer, and then you can refer to sick pay applies. A cancellation due to illness is linked to such high hurdles that they are likely to be met in the case of a Covid-19-disease hardly.

Operationally terminated?

a prerequisite for a termination for operational reasons is that employees can no longer be used. This can be, for example, because the company or a company closes part of (internal reasons). Other reasons may be that due to decrease in sales or decrease in orders, the production is driven (except for operational reasons). The employer intends, however, only an operation to sell part, or to scale back the production in the future, in an indefinite way, are no compulsory redundancies as a precautionary measure possible. It is a business decision must be behind such a measure. About the experts

Pascal Croset is the owner of employment law specialised eponymous firm and a member of Anwalt.de

Covid-19- - related redundancies is?

refer to Package in a dismissal for operational reasons on Corona, and is not in any case be sufficient for employers. Because, in the case of an unfair dismissal claim, the employer must be able to demonstrate that the cancellations were inevitable, because, due to the entrepreneurial decision-making are jobs ceased to exist. Just because maybe because of the Covid-19-pandemic, some of the orders are temporarily broken, that does not mean automatically that permanent jobs can be permanently reduced.

use elsewhere possible?

The employer must also demonstrate that the employees who quit, he intends to, can not be employed elsewhere. This can be an equivalent use in another part or in another Department. But also the use in a non-comparable Department in which the employee must continue or be formed, can come prior to a dismissal for operational reasons in question.

Ultima Ratio: the operation-related termination

the Background of the evidence is that the redundancy should only be as a last resort. Under the keyword of proportionality and must be checked to terminate whether it is necessary and whether there are not other instruments, to be able to the workers in the company. In the current Situation to Covid-19 also measures such as short - time working are able to avoid money, or announced and already in current models of the Federal and state governments that adequate measures are taken to termination for operational reasons to. Although the employer is not obliged to these options back access. He has arranged, however, in the past, short-time working, can be considered a distinct termination for operational reasons as a contradictory action. Operation should not be to avoid conditional terminations, must be performed by the employer in case of termination of several employees in a social selection.

Who is allowed to be terminated? The social selection in

Should need to terminate the employer's number of employees, but not all, so he has to carry out a social selection. To section 1 Para. 3 of the dismissal protection act (KSchG) is meet that specific criteria for a selection. These selection criteria are arranged according to certain social factors: age, length of service with the company, maintenance obligations, and the Existence of a severe disability. Each of these factors to find a better or worse Chance of a new job: an older, married workers, and probably more difficult a new job as a unmarried, young and not so non-sedentary workers. With regard to the weighting of the individual criteria, there are no rigid requirements. A very long length of service so it can compensate for quite a colleagues existing maintenance obligations. On a rigid points system that, depending on the category and intensity of the various points of delivery provides, for example, points for the age or the number of dependent children, the employer's only recourse, if he is such a binding with the works Council has agreed to. But social selection is only required and possible, if there are more candidates for termination as the number of eliminated jobs.

For what groups of people special protection from dismissal applies?

in addition to the consideration on the basis of social selection, see certain legal regulations also have a special protection against dismissal for certain groups of people. This special dismissal protection applies, for example:

  • expectant mothers and mothers shortly after birth
  • employees in Parental leave
  • handicapped workers
  • members of the works Council and other bodies, the interests of Employees
  • represent special functional groups such as the data protection officer, waste officer, etc.
What can you do against a dismissal?

Within three weeks of receipt of the notice, i.e. the day on which you receive the written notice, a complaint before the labour court. After the expiration of such three weeks, the notice is permanently in effect!

The so-called unfair dismissal claim is an Instrument for courts to review whether the termination is lawful. A termination for operational reasons in the Wake of the Covid-19-pandemic, according to the above, the employer is not a simple matter. Whether all statutory requirements for the operation are complied with a conditional notice of termination, should be checked in each case before the labour court. According to our many years of experience, we can conclude, however, that about 80% of all redundancies are at least shaky, so employers go regularly, by agreement of severance of the risk out of the way. Severance pay can be in the case of redundancies unexpectedly high.

What deadlines must I adhere to?

you can leave within three weeks of receipt of the notice of termination before the labour court the legality of the termination check. Also important is the unemployed with the Federal Agency for work. Namely in order to seamlessly after the end of employment, unemployment benefit I refer to is a timely message needed. Here, the deadlines are very short. Three days after the receipt of notice of termination, you have to register at the employment Agency. If you miss this deadline, threaten, Lock, or decreased remuneration.

What is the specialist lawyer advises:

Insert in the case of a dismissal for operational reasons, the head in the Sand – take advantage of existing opportunities! For a certain time periods, on the other terminations in the Wake of the Covid-19 pandemic are by no means as simple as possible. For the employer, there are a variety of pitfalls and to note that by far the most likely scenario in the case of an unfair dismissal claim, the settlement is always. For the amount of the achievable settlement, it is essential that the process is conducted, on the part of the employee in a professional manner.

Updated Date: 03 August 2020, 09:26

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