Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Germany: Reemployment obligation after restructuring
Phase
Reemployment
Native name
Wiedereinstellung
Type
Reemployment obligation after restructuring
Added to database
09 July 2015
Article
Case law only; applicable to establishments and workers covered by article 1 of the Employment Protection Act (Kündigungsschutzgesetz)
Description
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Protection Act (Kündigungsschutzgesetz, KSchG) and if it can be shown that he/she was dismissed on grounds of wrong or outdated projections of future business developments.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.
Commentary
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.
Additional metadata
Cost covered by
None
Involved actors other than national government
Court
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances Company size: 11 Additional information: No, applicable in all circumstances
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