Accept change notice with social plan?

We have already helped numerous employees to receive much better severance pay or to retain jobs.

Reduce staff for the first time after the takeover

In international companies, the focus is practically always on profit and thus on the distributions to the owners or shareholders. In our experience, we read again and again confessions that are different, some of them are almost religiously called „credo“, and do not reflect reality.

Particularly in the case of international takeovers, the first consideration is always to reduce personnel costs by cutting staff. This then goes hand in hand with a concentration of work: in other words, fewer employees do the same work. It is obvious that this often involves employees who have been with the company for many years and cannot be dismissed.

Optimization before fairness

Accept change notice with social plan?/ Picture: Pöppel Rechtsanwälte

It is hardly surprising that when staff are reduced following an international takeover, it is seldom the case that a truly fair social selection is in the interests of the employer. In such cases a works council

Thus, if an employee receives a notice of termination from his employer, he does not necessarily have to accept it. Even if the works council has agreed and a social plan has been negotiated, this does not mean that the dismissal cannot be faulty.

A termination or change notice with social plan does not have to be accepted!

Rather, the law provides the employee with the possibility of defending himself against the dismissal with the dismissal protection lawsuit. To do so, the employee must file a complaint against the dismissal with the competent labour court within three weeks of receipt.

If he allows this period to elapse, the notice of termination automatically becomes effective, even if the notice of termination contains gross errors which would otherwise have led to invalidity. Employees should therefore not allow too much time to elapse in order to defend themselves against the dismissal. Often it is also sensible to engage a specialist lawyer for labour law in order to achieve an optimal outcome.


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Remember that!

As employment law cases should be solved quickly, we always have an initial consultation appointment immediately. If possible on the same day, otherwise the next day. Please write us a message or call us directly. You can reach us by phone from Mo-Fr in the time from 8 am to 6pm.


Also interesting:
Duration of entitlement to unemployment benefit

The legislator has changed the period of entitlement to unemployment benefit by the third law for modern services on the labour market (Hartz III). However, due to the transitional provision in § 434 l SGB III, the change will not take effect until 01.02.2006. For employees/unemployed persons whose entitlement to unemployment benefit arises up to 31.1.2006, i.e. the unemployment must be present at the latest by 31.01.2006, § 127 SGB III in the version valid up to 31.12.2003 is to be further applied. The new version, which has been a law since 01.01.2004, therefore applies for the first time to terminations of employment relationships that were pronounced on 31.01.2006. READ OTHER

Up to 32 months of unemployment benefit under the old law


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Remember that!

As employment law cases should be solved quickly, we always have an initial consultation appointment immediately. If possible on the same day, otherwise the next day. Please write us a message or call us directly. You can reach us by phone from Mo-Fr in the time from 8 am to 6pm.