Source: BUS Sachsen-Anhalt (Linie6PLus)

Report redundancies to the Employment Agency

Description

Are you planning a larger number of redundancies in your company? Then, under certain conditions, you are obliged to report this to the Employment Agency in writing in advance. This also applies if you

issue notices of change notices,
would like to offer termination agreements or
Dismiss employees at your instigation.

You will not be able to make up for the notice of dismissal. When the notification obligation arises depends on the size of your company and the number of redundancies. If there is a works council in your company, you must inform it in writing of your intention before notifying the Employment Agency. Together with the works council, you need to discuss how redundancies can be prevented and their consequences minimized.

You must provide the works council with the following information:

reasons for planned redundancies,
the number and occupational groups of employees to be made redundant;
the number and occupational groups of workers normally employed;
the period during which the redundancies are to be made,
the criteria laid down for the selection of those to be dismissed;
the criteria laid down for the calculation of any severance payments.

The following are exempt from the obligation to notify dismissals:

small businesses with usually up to 20 employees,
Seasonal and campaign establishments in the event of redundancies caused by the nature of these establishments (end of the season/expiry of the campaign).

However, if seasonal and campaign companies make redundancies for other reasons (for example, before the end of the season or due to plant closure), they are subject to the obligation to notify.

If your company is part of the construction industry and you receive seasonal short-time allowance, you must also report the redundancies.

Requirements

If your company meets the following requirements, you are obliged to report redundancies:

Number of regular employees: 21 to 59; Number of planned redundancies: more than 5 employees.
Number of regular employees: 60 to 499; Number of planned redundancies: 10 percent or more than 25 employees.
Number of regular employees: at least 500; Number of planned redundancies: at least 30 employees.
The obligation to notify arises if the specified minimum number of redundancies within 30 calendar days is intended.

Termination agreements and self-terminations of employees are equivalent to dismissals if they are initiated by you as the employer.

Which documents are required?

If there is a works council:

Copy of the notification to the works council
Opinion of the works council. If you do not have this, you must prove to the Employment Agency that you have consulted the works council at least 2 weeks before notifying the Employment Agency. In this case, you must also explain the status of the consultations with the works council.

Contradiction
Action before the Social Court

Appeal

Forms available: Yes
Written form required: Yes
Informal application possible: No
Personal appearance required: No
Online services available: Yes

Process flow

Before displaying:

Is there a works council? Inform him in advance about your plans and consult with him about the prevention or minimization of redundancies and their consequences.
If redundancies remain unavoidable, you must inform the works council in writing of the exact measures at least 2 weeks before notifying the employment agency.
If there is no works council, these information obligations do not apply.

Notification to the Employment Agency:

You must submit the notice of dismissal to the Employment Agency in writing. To do this, you can download, save and fill out the form "Notification of dismissal in accordance with § 17 of the Dismissal Protection Act (KSchG)" and the form "Information for job placement".
The notification to the Employment Agency must contain:
- Employer's name
- Seat and type of establishment
- Reasons for the planned redundancies
- Number and occupational group of employees to be made redundant
- Number and occupational group of persons normally employed
- Period during which the redundancies are to be made
- Criteria for the selection of employees to be dismissed.
You can then send the completed documents to your Employment Agency online via the eService of the Employment Agency or by post. The Employment Agency at the company headquarters is responsible.
You can also use the upload service to submit documents if you have already submitted the notification of dismissal.
If you submit the notification of dismissal online, it is not necessary to send the documents to the Employment Agency by post. A handwritten signature is not a prerequisite for an effective notification of dismissal. The name is sufficient. You are free to sign the notice of dismissal.
According to the law, you are obliged to send a copy or a copy of the notice of dismissal to the works council.
If your notice of dismissal is complete and effective, you will receive a written confirmation of receipt from your employment agency. With the acknowledgment of receipt, you will also receive an information sheet for your employees. It contains important information for the employees affected by the redundancies.
Pass the information sheet on to your employees immediately so that your employees do not suffer any financial disadvantages as far as possible. The information sheet can also help your employees to find a new job as quickly as possible. You can also download and print the information sheet separately via the "Downloads".
If your notice of dismissal is not complete or not yet effective for other reasons, your employment agency will contact you. In this case, too, you may still be able to submit documents or documents online via the eService.