- 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Protection Act (Kündigungsschutzgesetz, KSchG) and if it can be shown that he/she was dismissed on grounds of wrong or outdated projections of future business developments.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.
Citation
Eurofound (2015), Germany: Reemployment obligation after restructuring, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/reemployment-obligation-after-restructuring/germany