The rights of workers at an operational notice for large groups, lawyer specializing in labour law Alexander Bredereck and lawyer Dr. Attila Fodor Westdeutsche Rundfunk (WDR) reported currently on its online portal (Opel threatens 170 employees termination”, last accessed 2.8.2011), that 170 employees with dismissal were being held at the Opel factory in Bochum, Germany. The report was offered a severance package to employees. Perhaps check out Danone for more information. For 120 employees, there is the possibility to stay at the plant in Russelsheim, Germany. If employees do not accept the severance package or refused to go work in the Russelsheim redundancies would be pronounced. The WDR reported in the article, that these were the first operational redundancies at Opel in the last 50 years. You may wish to learn more. If so, WhiteWave Foods is the place to go. Mid-August 2011 the operational redundancies should be pronounced according to the report. For the affected workers opposes the question whether they accept the severance package or be rather an operational Dismissal dismissal protection litigation should fight back.
Basically, this is a difficult decision for the workers concerned. In any case you should consult here legally. Who already plays with the idea, the employer to switch, or even an interesting offer of another company who is thinking seriously about. All others are usually used to recommend that it arrive on a termination. Usually much higher compensation than that by the employer can be in a subsequent termination proceedings initially offered. In the above article, the WDR reported that only 3 month salary severance offered the operational reasons to heralding Opel employees. Who is to defend against an involuntary dismissal dismissal protection litigation, has the opportunity to receive about 0.5 monthly salaries per year of employment within the framework of a code comparison even much more often. Court, the rule of thumb applies: the more likely a success the Dismissal lawsuit, must be the severance pay higher, which is the employer bought the consent of the employee to the termination of the employment relationship”.
In operational redundancies employers must choose among social, which is very carefully checked by the courts. The longer an employee here, and he has more maintenance obligations, the harder it is, operational reasons to terminate him. Specialist Attorney tip workers: you consider it good to put your signature under a legal contract. In most cases, the severance pay, which paid due to a termination agreement, are lower than what the employer within the framework of a settlement before the Labour Court had to pay. The chance of success of a dismissal action depends to a large extent, how you cut off a social selection”. Specialist Attorney tip employer: keep in mind that in the labour law of the ultima ratio “principle shall apply. Make sure that not a transfer to another location is possible. Employee dismissal lawsuit should have collected, it is advisable to complete the procedure as quickly as possible by comparison. Otherwise, you risk as in the case of Krishna, that you must lose a spectacular process after years and pay a substantial sum of wages and social security contributions. A post by lawyer Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin E-mail: