Source: BUS Sachsen-Anhalt (Linie6PLus)

Report redundancies to the employment agency

Description

Are you planning a large number of redundancies in your company? Then, under certain conditions, you are obliged to notify the employment agency in writing in advance. This also applies if you

give notice of redundancy,
wish to offer termination agreements or
terminate employees at your instigation.

You cannot make up the notification of dismissal later. The point at which the notification obligation applies 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 plans before notifying the employment agency. Together with the works council, you must discuss how redundancies can be prevented and their consequences minimized.

You must provide the works council with the following information

Reasons for planned redundancies,
Number and occupational groups of the employees to be made redundant,
Number and occupational groups of the employees normally employed,
the period during which the redundancies are to be made,
criteria envisaged for the selection of those to be made redundant,
the criteria envisaged for calculating any severance payments.

The following are exempt from the obligation to notify redundancies:

Small businesses with, as a rule, up to 20 employees,
Seasonal and campaign businesses in the event of redundancies due to the nature of these businesses (end of season/end of campaign).

However, if seasonal and campaign businesses make redundancies for other reasons (e.g. before the end of the season or due to closure), they are subject to the notification requirement.

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

Prerequisites

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

Number of regular employees: 21 to 59; Number of planned layoffs: 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 minimum number of redundancies is planned within 30 calendar days.

Termination agreements and employees' own resignations are equivalent to redundancies if they are initiated by you as the employer.

Required documents

If there is a works council:

Copy of the notification to the works council
Statement from the works council. If you do not have this, you must prove to the Employment Agency that you 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.

Objection
Action before the social court

Applications / Forms

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

Procedure

Before the complaint:

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

Notification to the employment agency:

You must submit the notification of dismissal to the employment agency in writing. To do this, you can download, save and complete the form "Dismissal notification in accordance with Section 17 of the Dismissal Protection Act (KSchG)" and the form "Information for the employment agency".
The notification to the employment agency must include
- Name of the employer
- Location and type of business
- Reasons for the planned redundancies
- Number and occupational group of the employees to be made redundant
- Number and occupational group of the employees normally employed
- Period during which the redundancies are to be made
- Criteria for the selection of employees to be made redundant.
You can then send the completed documents to your employment agency online via the employment agency's eService or by post. The employment agency at the company headquarters is responsible.
You can also use the upload service to submit additional 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 afterwards. A handwritten signature is not a prerequisite for an effective notification of dismissal. Stating your name is sufficient. You are free to sign the notification of dismissal.
According to the law, you are obliged to provide the works council with a copy or a duplicate of the notice of dismissal.
If your notification of dismissal is complete and valid, you will receive a written confirmation of receipt from your employment agency. You will also receive an information sheet for your employees with the confirmation of receipt. It contains important information for the employees affected by the redundancies.
Please pass the information sheet on to your employees immediately so that your employees do not suffer any financial disadvantages. The information sheet can also help your employees to find a new job as quickly as possible. You can also download and print out the information sheet separately via "Downloads".
If your notification of dismissal is not complete or is not yet effective for other reasons, your employment agency will contact you. In this case, you can still submit documents online via the eService if necessary.