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 notify the Employment Agency in writing in advance. This also applies if you

give notice of change,
wish to offer termination agreements or
Dismiss employees at your instigation.

You cannot make up for the notice of dismissal. When the obligation to notify exists 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 project before reporting it to the Employment Agency. Together with the works council, you must discuss how redundancies can be prevented and their consequences minimized.

You must provide the following information to the works council:

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

The following are exempt from the obligation to notify redundancies:

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

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

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

Process flow

Before viewing:

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

Notification to the Employment Agency:

You must send the notice of dismissal to the Employment Agency in writing. For this purpose, you can download, save and fill out the form "Dismissal notification according to § 17 Dismissal Protection Act (KSchG)" and the form "Information for the job placement".
The notification to the Employment Agency must contain:
- Name of employer
- Registered office 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 carried out
- criteria for the selection of workers to be made redundant.
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 place of business is responsible.
You can also use the upload service to submit documents later if you have already submitted the notice of dismissal.
If you submit the notice 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 notice 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 confirmation of receipt, you will also receive an information sheet for your employees. It contains important information for the workers affected by the redundancies.
Pass on the information sheet 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 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 be able to upload documents or documents online via the eService.

Requirements

If your company meets the following conditions, you are obliged to notify 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 by employees are equivalent to dismissals if they are initiated by you as an employer.

Which documents are required?

If there is a works council:

Copy of the notification to the staff delegation
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 reporting to the Employment Agency. In this case, you must also present the status of the consultations with the works council.