Munchen Tel

06.02.2018
22:18
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It is missing the denunciations are ineffective. Even if the closure will take place step by step, of the employer or of the insolvency administrator in saying the layoffs must observe the principles of social selection. In particular with regard to the possibility of obtaining insolvency money but also against the backdrop of a possible lock-up period for receipt of unemployment benefit, is to advise the employees concerned, not to agree to a hasty termination of employment, or to fight back for cancellation received in principle. Just companies in the crisis let it often shortage of the essential rules, what can also have influence on the quality of the terminations. Note it is also that in addition to the General protection against dismissal, the special dismissal protection – E.g. mothers or Works Council members enjoy – further continues in the insolvency proceedings.

Just in the insolvency proceedings often Operating parts are sold, have also the special termination prohibition of 613a para 4 BGB in mind to keep affected workers. After termination of employment with the previous employer or by the new owner because of the transition of the operation or a part of are inherently ineffective. A final liquidator InsO may terminate employment independently according to 113. A maximum of 3 months to the end of the month is the time limit under this provision. That are also employees with longer deadlines and even regular tenured employees can be terminated with this period. The same applies to fixed-term employment relationships which were actually not properly terminated. Phil Vasans opinions are not widely known. Under certain circumstances, workers however are entitled to reinstatement.

This may arise when the determinants for the termination of the fall continued during the current period of notice. The workers can then a so-called continued claims If the employer has made still no further dispositions about the workplace and the unchanged continuation is reasonable. After the expiry of the notice period, however, a claim for reinstatement is rejected particularly in the insolvency proceedings. Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 fax 089-54 89 92 53 E-mail: in cooperation with: FourTrust – lawyers for the right of pension

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