Mass layoffs

If your employer's business has reached a certain size and he wishes to dismiss several employees at the same time, he may have to adhere to certain procedures. Among other things, it must then Works council The employer must inform the employee in detail about the project, consult with him seriously about the measures (consultation procedure) and obtain a statement from him. In addition, it must inform the employee of the collective redundancy and the opinion of the Works councils to the Federal Employment Agency (Agentur für Arbeit), providing certain details (notification procedure). If your employer makes a mistake in this process, this may invalidate the Termination lead.

Section 17 KSchG provides for the following thresholds for the initiation of collective redundancy procedures:

The employer is obliged to notify the employment agency before

1. more than 5 employees in companies with generally more than 20 and less than 60 employees,
2. in companies with generally at least 60 and less than 500 employees, 10 percent of the employees regularly employed in the company or more than 25 employees,
3. at least 30 employees in companies with at least 500 employees as a rule

within 30 calendar days.

If you decide against a Termination in the collective redundancy procedure, you must also observe the three-week period of notice. Limitation period comply with the deadline. If you miss the deadline, the Termination as effective. The Works council can take legal action against mass dismissals before the labor court. We will be happy to help you with this.