Germany : federal employment court limits employees’ rights in case of collective dismissal

Ruling on a complaint of six employees laid off by a subcontractor, the federal employment Court of Leipzig (Bundesarbeitsgericht - BAG), has abandoned the line followed during the last years. Consequently, a procedural error in the dismissal of one of the persons concerned by a collective redundancy, will no longer trigger an automatic cancellation of other ongoing dismissal procedures. (Ref 061131)
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The BAG rejected, on November 9th, 2006, the complaint of six employees laid off by their employer as part of a collective redundancy. The employer, an automobile subcontractor in Rhineland-Palatinate, had laid off 55 employees (out of 500) following a sharp fall of orders. In case of a collective dismissal of employees with similar positions, the employer has to justify his choice according to social criteria (Sozialauswahl). To choose the employees involved, the employer has therefore establi

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