Managing the increasing complexity of the markets requires enormous speed and flexibility. Strategic decision making is one of the central tasks of the responsible management. In addition to the effects on the business, employees are always affected as well. Therefore, it is necessary to also find solutions for the concerns of employment law.
In particular the following facts constitute changes in operations:
Changes in operations pursuant to sections 111 Works Council Constitution Act have to be planned in detail by the company also from an employment law perspective, since:
|The employer must inform the works council already in the planning stage. The employer must consult with the works council and must negotiate on a reconciliation of interests and agree on a social plan. Thorough planning helps speed up negotiations.|
Furthermore, in case of a change in operations, it must be checked whether the employer is obligated to notify the competent employment office of dismissals pursuant to section 17 Protection against Dismissal Act (Mass Dismissals).
In addition to the participation rights of the works council (Co-Determination), it must be checked what consequences the change of operations has for the works council.
- Does the works council continue to exist in the same way?
- Will a different works council take over representation of the employees?
- Does the current works council have transitional authorization to represent the employees and are new elections possible?
Finally, participation rights of a possibly established Economic Committee (Wirtschaftsausschuss) must be observed as well.
Kristina Schweier has been entrusted with numerous assignments in these areas. Please see Projects.